New York City is home to hundreds of immigration lawyers. Finding the one who best meets your needs is sometimes difficult, but it is very important to find the right fit – especially once if you receive a Notice to Appear for a removal hearing (also known as a deportation hearing).

At the Law Offices of Spektor, Spektor & Berman, we recognize your entire future is at stake. If you lose your deportation case and will have to leave the United States you may not be able to reenter the U.S. for 10 years, if ever. We encourage you to talk to other attorneys as well as us before making the important decision of who you will trust with your future.

Contact us online or at (646) 543-0745 to schedule a phone or video consultation with one of our lawyers. You will be glad you did.

How to Choose the Best Deportation Lawyer

Fighting the U.S. Citizenship and Immigration Services (USCIS) or the government in Immigration Court is not easy. The Immigration Legal Resource Center (ILRC) which explains what happens in deportation court strongly urges anyone who has to go to Immigration Court to find legal representation.

Here are some tips on choosing the best deportation lawyer:

• Immigration law is complex. The best deportation lawyer will focus their practice only on immigration law.
• Find an attorney that is responsive to you.
• You want your attorney to listen to your story and work diligently to present your case to the immigration court.
• Sometimes, a referral by someone you trust, someone who had success with a specific attorney is helpful.
• Interview the attorney to see if you have good communication and feel that this lawyer is someone you can trust.

The attorneys at the Law Offices of Spektor, Spektor & Berman focus their practice on Immigration & Nationality Law with an emphasis on deportation. You will feel comfortable entrusting your case to them. Their years of experience and extensive knowledge make them the ideal lawyers to handle your deportation defense.

Common Reasons for Deportation & How to Fight It

In addition to committing a deportable crime, other most common reasons for deportation are:

Immigration violations.

This includes things like failing to comply with the conditions of your visa, not filing for the removal of conditions on your green card, entering the country without authorization are just a few examples.

Engaged in fraudulent activity.

Examples include making a misstatement on an official government document or getting a marriage green card when the marriage was really a sham. These sometimes could be defended by showing the mistakes were just that—mistakes. You had no intent to deceive.

Deportable Crimes

The Immigration and Nationality Act lists many deportable crimes. Most fall into two categories: aggravated felonies and crimes of moral turpitude.

Aggravated felonies.

If you were convicted of an aggravated felony, you have a difficult task in convincing the court not to deport you. This includes crimes like murder, assault, sex crimes, drug trafficking, fraud involving a large amount of money, money laundering, and tax evasion.

If you received a prison sentence of at least one year for a crime of theft, perjury, or any violent crime, the crime is likely considered an aggravated felony.

If you were convicted of an aggravated felony, your options may be limited, but your lawyer might still be able to convince an Immigration Judge not to deport you. One of the defenses against deportation in this kind of a situation is that you will be tortured if you are returned to your home country.

Crimes of moral turpitude.

Crimes of moral turpitude or somewhat vague and although the INA lists specific crimes as aggravated felonies, it does not provide a list of crimes of moral turpitude. Generally, crimes involving dishonesty are in this category which includes fraud and theft crimes. 

Your attorney may be able to present evidence that whatever your crime of conviction, it should not be considered a crime of moral turpitude. There may be other waivers available to you based on your own personal history, the amount of time you actually served for the offense, and whether your deportation would create an undue hardship for your spouse, child, or parent who is either a U.S. citizen or green card holder.

What is the Deportation Process?

With limited exceptions, everyone in the U.S. has a right to an Immigration Court hearing before they can be deported. You should receive a notice of this hearing if you have followed the rules and kept the USCIS up to date on your current address.

The initial charging document is called a Notice to Appear (NTA) and it should include the date, time, and location of the hearing. It should also include the allegations as to why you should be deported. If you fail to attend the hearing, the immigration judge will order you to be deported.

At the hearing, your lawyer will present evidence in your defense as to why you should not be deported. If the judge orders you deported, you may appeal that order to the Board of Immigration Appeals (BIA).

For more details about how we can help defend you against deportation, call us at (646) 543-0745 for a consultation. You may also use our “Contact Us” form at the bottom of this page. One of our immigration attorneys will reply to you – often the very same day.