Tuesday, April 15, 2014
Major deportation policies and conditions that result in removal proceedings
The federal government of the US has the right to order removal of any immigrant not a citizen of the United States. Anyone who is not native to the United States or a naturalized citizen of the country can be asked at any point in time to leave the country by the government for violating certain provisions of the Immigration and Naturalization Act. This process is termed a deportation, also referred to as removal.
There are many conditions under which an immigrant could have a removal proceeding filed against him. Below are a few policies associated with deportation or removal.
In case a visa holder in the country violates his non permanent resident status or any of the conditions of entering the country, he can be ordered removed or deported. If you or anyone you know is facing any such legal troubles, suggest they hire the best immigration lawyer in queens. Removal is a complex procedure with many legal complications, so it’s best to let an expert handle it.
If a visa holder is facing deportation, he will be required to defend himself against the charges in immigration court.
Committing serious criminal activities remains the biggest reason behind green card holders being removed from the country. If you have been convicted of certain crimes, then chances are you may no longer stay in the country.
Other actions that may trigger removal would be failing to enter the United States without clearing customs; failing to make changes with the non-permanent resident status; encouraging other immigrants and helping them enter US illegally; using false documents to enter the country; endangering public safety; and involvement in activities that may risk the country’s national security.
If you are facing removal proceedings, you will be given a notice to appear (NTA). The notice contains all the details and the reason(s) charging your removal. You can then challenge the proceeding by hiring a deportation lawyer.
Whether or not you can hire a lawyer would be decided in the first hearing. After hiring one, another hearing is scheduled during which the lawyer presents documents to fight on the behalf of his client. If the judgment turns out to be in favor of immigrant, the orders to removal proceeding will be dismissed.
Thursday, April 3, 2014
The process involved in deportation!
The NTA acts like an indictment stating all the reasons as to why the person is being removed from the country. The person is also sent a notice confirming the date of hearing. If the individual fails to attend the hearing he will be ordered removal.
If you know somebody who has received such a notice, it is crucial to immediately contact one of the good New York based state attorneys that specialize in defending foreign nationals stuck in removal proceedings and deportation. The lawyer will work through the entire process and will also fight for your rights.
Removal proceedings are a judicial process. The first step determines whether the person is deportable. The second step determines whether the person is eligible for any type of relief from removal. All of this is done through a series of court hearings and finally, an individual hearing, or trial.
The Individual Hearing: ICE (immigration and custom enforcement) presents arguments and evidence to the judge explaining why the person is subject to removal as per country’s immigration laws. There are many reasons and grounds on which a foreign national could be deported.
A few of these include criminal convictions, overstaying in the country despite visa expiration, lying to the US Government, possible involvement in terrorist activities, and violation of immigration status or visa. If the person entered the country without being inspected he is also liable to be deported.
After the government has presented its case, the person will have an opportunity to present their side and why they are not deportable and/or are eligible for relief. Relief can come in the form of adjusting the immigration status to that of a permanent resident, asylum, withholding the removal, cancellation of removal, and waivers of the offence which made the person liable for removal initially.
Whether the person will be leaving or staying would also depend on how well the defending lawyer fares. If the judge decides in favor of the Government, the foreign national will be ordered deported. If an order of deportation is entered against the person, they will be barred from reentering the country for a period of 20 years.
Friday, February 14, 2014
What makes the role of immigration lawyers so crucial?
- First, they can guide you how to get sponsorship, in case it is possible. Having relatives that are citizens or permanent residents, especially blood relatives, helps your case as long as you have a lawyer by your side that can tell you how.
- During immigration being qualified, gifted, and experienced in a certain geographical area can work in your advantage. A lawyer will tell you how. If you need to clear a certain examination (diploma, degree, etc.); he will guide you through that as well.
- Getting a call letter, an offer letter, or in case of students, getting your application approved from a reputation university or affiliated college, is not as easy as it seems. Once again, a lawyer can either use his contacts to help you along, or just guide you as to what steps you should take, in this regard.
- Remember, it’s better if your application is accepted the very first time you apply, as your chances tend to decease, the number of times, your application gets rejected, increases. Therefore, it is good to get all the help possible from a specialist.
- Finally, everyone has different issues related to immigration. You might want to move your company, move with your family, or maybe you are just fighting to avoid getting deported. Either way, expert help insures that you address the matter in compliance with your current circumstances, and work to your advantages.
Tuesday, January 28, 2014
Why is it vital to hire a lawyer for immigration matters?
Wednesday, January 8, 2014
Statistics say, immigration lawyers are very resourceful
The first and foremost thing for a foreigner who wishes to settle down in the US legally or become a citizen should be to look for and hire a quality immigration attorney. Matters related to immigration are diverse and some absolutely need the assistance of these professionals.
But don’t be confused here. The statement says that legal help is not mandatory. But it does not mean that professional help is not valuable.
Whether or not you want a lawyer is totally a matter of preference. Some people prefer comfort and peace of mind over money. However, it is not just the peace of mind that an attorney guarantees. There are a whole lot of advantages that you can enjoy by hiring a lawyer. She is going be the representative of your lawsuit and offer valuable advice on what to do and what not to.
It is highly vital for any immigrant to have knowledge of the legal nuances associated with immigration laws. A NYC based immigration lawyer would offer right direction to the case. Because of the complex nature of laws and the policies of entering and staying in US, it becomes difficult for regular individuals to handle their immigration cases all by themselves.
Speeding up the case becomes really difficult without professional assistance, especially if the situation and circumstances are against the person, which happens almost always. Some people may feel that they do not really have any legal troubles, and so there is no need of calling a litigator. Well, this may be true for some people. But for the rest, it is not that they do not have problems, it just that they don’t know what those problems are. Some people are simply not aware of their immigration problems.
If the statistics are to be believed, previous analyses show that people who were legally represented had a huge success rate compared to those who were not. Although a lawyer does not guarantee legal success, the chances of success increase several fold with one by your side.
These statistics are not a sales pitch to make someone hire a lawyer, but is simply a wake-up call to those who are confused about whether or not they need to contact an attorney. All these evidences and facts prove that the services of an immigration attorney are invaluable.
An NYC based immigration lawyer will take full responsibility that your immigration case proceeds in a healthy manner and will also speed up the lawsuit.Sunday, December 22, 2013
Are you heading towards bankruptcy?
If you’ve run out of options and can find no way to pay your credit card debt, the remaining installments of your mortgage or car loan, or any other big payments, filing for bankruptcy might be your best option. It’s true that the American federal system believes in giving second chances, but first it is essential that you dig a little deeper and make yourself more familiar with the bankruptcy system and all the possible consequences.
First of all, you ought to know that for the average consumer there are two chapters of bankruptcy you can apply under, and they are chapter 7 and chapter 13.
Chapter 7
Chapter 7 bankruptcy, or “liquidation”, allows you to get a fresh start in the following way:
If you have little to no assets to your name (or assets with very little or no value), and have mostly unsecured debts, Chapter 7 may be the best option for you. This can also include certain eligible back taxes for personal income, medical debts, and judgments. Under Chapter 7, you’ll be allowed to keep exempted assets and personal property.
Chapter 13
If you have a reliable source of income and are looking to save a certain asset (such as a home with equity, a high value car, or a rent-stabilized apartment), Chapter 13 bankruptcy may be your best option. Depending on your current income you can formulate a 3-5 year plan to pay back a portion of your debts.
The biggest advantage, is that the payment plan is predictable and not at the collector’s discretion. You remain protected against continued interest, late fees charges and of course, harassment from the collector.
Biggest Benefits of Bankruptcy
The biggest benefits of any bankruptcy is that it allows you room: room to breathe, room to catch up on your monthly living expenses, and room to live your life free from the harassment of creditors, bill collectors, and judgments.
A Bankruptcy lawyer in NYC can guide you through these complicated procedures. You need someone that is experienced and well-versed in such cases.
The lawyer will not just suggest which chapter you should apply for bankruptcy under, but also help you increase your chances of a favorable result by the court with the same.
She will guide you in presenting your case and financial statements in the court, and inform you about other unique intricacies involved.
A Bankruptcy lawyer in NYC can help you with your bankruptcy. A favorable decision by the court can mean that you get to pay your debt in a way that is convenient, and avoid being harassed by collectors.
Wednesday, December 11, 2013
Get Financial Compensation for Personal Injuries by Hiring the Right Lawyer
Accidents can happen anytime and to anyone. In case an accident is severe, it can injure people. Such unfortunate situations are challenging, both emotionally as well as financially.
Although it is not possible to predict when a mishap might take place, you can still get help and be compensated for your loss. This way the sufferer does not have to bear the load of heavy medical bills and other associated expenses.
However, you cannot do this alone and you will need professional help. You must consult with lawyers who are specialized in handling lawsuits on the behalf of people who were injured due to the carelessness or negligence of someone else. Another party can be a company (the employer of injured person), a person, or a shop owner or homeowner.
Personal injury laws can be very complicated and may not always provide you with compensation in instances of road accidents, wrongful death, medical malpractice or other similar claims. Therefore, it is best to contact only those professionals who are thoroughly aware of every complexity associated with this subject. Hiring a personal injury law firm in New York who is known for handling such case can ensure expected results.
A car accident is a common example of a situation where the victim would most likely file for a claim. A person is likely to get several bruises and injuries after such mishaps. Depending upon the nature and severity of incidence, nature of injury can vary, and so will the compensation.
The role of a lawyer in this legal scenario would be to help their client obtain compensation for injuries caused by another party. The compensation can cover replacement of damaged property (such as car), medical expense and other losses.
The lawyer would begin with negotiating the amount of claim with the insurance company and other responsible parties on the behalf of his client. They would also be responsible for ensuring that their client does not face any situation where they end up giving up their rights.
If you are looking for a reputed personal injury law firm in New York, then you can either ask your friends or family for their contacts, or you can browse the internet to search for a reliable law firm.