Newark Deportation Defense Lawyer

Deportation is the formal process of removing an immigrant from the United States and sending them back to their country of origin. Removal proceedings will be held in immigration court to determine the grounds for removal (deportation) and whether to move forward with the process. 

A deportation hearing begins when a person receives a Notice to Appear (NTA), which lists the reasons the government may be trying to remove the individual from the country. 

Some examples of why the Department of Homeland Security may issue someone an NTA are:

• They entered the U.S. legally, but their visa has since expired and they are remaining in the U.S. without lawful status. 
• They entered the U.S. illegally and without legal status.
• They were found guilty of a serious crime (e.g., an aggravated felony or a crime of moral turpitude).

Everyone has a right to a lawyer during a legal proceeding, so immigrants facing an NTA should exercise their right to work with an experienced deportation defense lawyer. 

What Happens At a Deportation Hearing?

At the hearing, the immigration court judge will review documents and testimony that may provide positive or negative factors impacting the case, such as:

• Whether the person has family ties in the U.S. (e.g., letters from loved ones who are citizens)
• How long the person resided in the U.S. (e.g., apartment contracts)
• Evidence of hardship to family members if the person is deported (e.g., they provided financial support to the children)
• The human rights and/or economic conditions of the person’s country of origin
• History of employment (e.g., pay stubs)
• Tax history (e.g., tax returns)
• Proof of rehabilitation (e.g., certificates of attendance at drug or alcohol rehabilitation programs)
• Community service work
• Criminal history and other violations of law
• Any other evidence of good or bad moral character

How Can I Fight Against Deportation in Newark?

There are several options for relief a non-citizen has to stop their removal in immigration court. 

Some examples of relief options that a deportation attorney can help you pursue may be:

• Cancellation of Removal for Lawful Permanent Residents: Non-citizens who meet certain requirements may stop removal proceedings and retain their residency.
• Cancellation of Removal for Non-Lawful Permanent Residents: Those who have established significant ties to the U.S. might be eligible for relief despite not having lawful status.
• Withholding of Removal: This prevents deportation if returning to the home country poses a threat to life or freedom.
• Improper Service of the Notice to Appear: Challenge the legitimacy of the NTA if it's identified that it wasn't served properly.
• Not Removable as Charged (the government has the burden of proof to show that the individual should be removed due to a criminal conviction)
• Adjustment of Status (if you were admitted to the U.S. legally and have a qualifying relationship with a relative or employer)
• Asylum: Seek protection in the U.S. due to persecution in your home country, granting you sanctuary from deportation.
• Violence Against Women Act (VAWA): Protection for victims of domestic violence by U.S. citizens or permanent residents, allowing them to apply for legal status independently.
• Convention Against Torture (prevents removal to the home country if the defendant can show that they would endure pain and suffering intentionally inflicted by the country if they return there)
• 212 (h) Waiver for Certain Inadmissible Offenses (crimes that can be waived are crimes of moral turpitude, multiple convictions for two or more offenses, prostitution crimes, and simple possession of small amounts of marijuana)
• Deferred Action for Childhood Arrivals (DACA): Defers deportation actions for eligible undocumented youth who came to the U.S. as children.

Deportation defense attorney Gregory J. Eck can help you determine which method of relief is most applicable to your removal cases. Whether you are facing deportation for a criminal conviction or for an expired visa, our Newark deportation defense lawyer can help you out of your legal dilemma and guide you safely to the end of the legal proceeding.

It's important to stay informed about your legal options. Apart from the standard relief methods, exploring avenues such as Temporary Protected Status (TPS) for eligible countries or investing in citizenship programs may provide additional support. The complexities of immigration law require a nimble approach, and Law Office of Gregory J. Eck, LLC stays updated with the latest developments to provide effective counsel tailored to each scenario. We encourage all clients to maintain open communication to update us on any changes in personal circumstances that may impact their cases, ensuring that no detail is overlooked in pursuit of a favorable outcome.

Newark's Unique Immigration Challenges

Newark, a vibrant city with a rich tapestry of immigrant communities, faces distinct immigration challenges that require careful legal navigation. The diverse population contributes significantly to the local culture and economy, yet it also brings complex legal considerations. The local enforcement of immigration laws can impact not only those facing deportation but also their families and communities. Understanding these local nuances is vital for effective deportation defense.

At the Law Office of Gregory J. Eck, we deeply understand how Newark's local policies and community dynamics can affect deportation proceedings. Our approach considers local trends and regulations, providing culturally aware and locally informed legal assistance. By actively engaging with community resources and staying in tune with Newark's unique immigration landscape, we equip our clients with tailored strategies that align with the city's evolving legal frameworks.

Contact Us Today for a Consultation with the Law Office of Gregory J. Eck by calling (201) 366-9254 to learn more about your options. We also provide services in English, Spanish, and Russian.

FAQ on Deportation Defense in Newark

What Are Common Reasons for Deportation in Newark?

Common reasons include visa overstays, entering the U.S. without legal documents, or committing certain crimes. Each case is unique, and understanding specifics can significantly affect defense strategies.

How Can a Deportation Attorney in Newark Help Me?

An experienced deportation attorney can guide you through immigration court proceedings, help understand your rights, and pursue relief options like asylum or cancellation of removal based on your unique circumstances.

What Should I Bring to My Consultation with a Newark Deportation Lawyer?

Documents like your notice to appear, any immigration petitions, and information about your time in the U.S., employment, and family are crucial for your lawyer to assess your case accurately.

Can I Seek Asylum in Newark if I Face Persecution?

Yes, if you have a well-founded fear of persecution due to race, religion, nationality, political opinion, or membership in a particular social group, you may seek asylum. An attorney can help guide you through the process and present your case effectively.

What Are My Options if I Have an Expired Visa in Newark?

If your visa has expired, you may explore options like adjustment of status or cancellation of removal. Consulting with a lawyer can help identify which relief measures are feasible for your circumstances.

For experienced guidance, speak with a qualified immigration attorney near you at Law Office of Gregory J. Eck, LLC. Contact us online or call (201) 366-9254 to secure your consultation. Our services are available in English, Spanish, and Russian.