IMMIGRATION LAWYER NYC GUIDE: COMMON IMMIGRATION COURT CASES IN NEW YORK

An immigration lawyer NYC assists an individual in going through tough immigration cases to court, whether in relation to deportation, asylum, or removal.  

This guide discusses the ways in which an experienced immigration lawyer NYC can assist in defending your legal rights in average immigration cases in New York courts.  

It is essential to know about such cases when an individual experiences any immigration problems. 

Quality assurance 

This guide is peer reviewed and reflects accurately the existing rules and processes applicable at immigration courts in New York.  

Changes in immigration legislation occur frequently, and this guide represents new immigration laws applicable to NYC court cases.  

It draws from our over two decades of experience in immigration law and practice at Gehi and Associates. 

How does an immigration lawyer in NYC handle immigration court? 

An immigration lawyer NYC handles various types of cases in court, and some of the main ones are: 

• Removal and deportation proceedings. 

• Asylum and Refugee Claims. 

They also specialize in the following practice area:  

• Bond hearings and detention cases. 

• Cases before the Board of Immigration Appeals (BIA). 

• Cancellation of Removal Cases. 

• Voluntary departure proceedings. 

• Immigration issues related to families. 

Removal (Deportation) 

Amongst some of the more serious cases that an immigration lawyer NYC might take up is deportation cases. Deportation cases are against individuals who: 

• Is found not to have legal status in the country, or 

• In breach of immigration laws.  

There are quite a number of stages to go through in deportation, one of which is the issuance of a Notice to Appear. 

The immigration judges review your case very carefully in removal cases. The immigration judges:  

• Analyze all of your evidence, 

• Hear all of your witnesses, and 

• Consider all the arguments against and in favor of your case.  

Your immigration lawyer in NYC would present all the arguments and sound evidence to support your case. Without proper legal representation, you will definitely lose your case, and may have to leave the US. 

The after-effects of deportation are very severe. Deportation from the United States can mean disuniting families and ruining your career. 

An experienced immigration lawyer in NYC has complete knowledge of all immigration laws. They have complete understanding of what judges think. 

Asylum & Refugee Cases at NYC Immigration Court 

• Who is eligible for asylum in New York? 

In general, to be eligible for asylum in New York, you must be escaping persecution in your home country. The persecution must be due to: 

• Your race. 

• Your religion. 

• Your nationality. 

• Politics, or and  

• Your membership in particular societal organizations.  

In applying for an asylum, you must prove that you have a valid fear of persecution in your homeland. 

• What to expect in an asylum hearing?  

During the asylum hearing, your immigration lawyer NYC will: 

1. Present your case in the most compelling way.  
2. Tender other documentation, medical documents, and country conditions.  

The affidavits from your witnesses will have great significance to your testimony. Finally, the judge will issue a ruling regarding whether you qualify for asylum. 

Asylum also has a feature concerning timing. You must apply within a year after arriving in the United States.  

Otherwise, a lack of application at that time may prevent a consideration of your asylum application.  

An immigration lawyer in NYC will make sure all applications are done correctly at the right time. This will prepare you well for the asylum hearing. 

Bond Hearings and Detention Cases 

Detention may follow an arrest as a result of removal proceedings. Few immigrants comprehend their rights after an arrest.  

Bond hearing is how your judge determines that you are to be kept in custody or set free during the determination of your immigration matter. 

During this hearing, the government tries to prove that you must be kept in detention as an immigrant.  

Your immigration lawyer in NYC puts your argument for bail before the court as bondsman connections with the community, for example, work, family, or stable housing. The court then rules to release you on bail or continue detaining you. 

Detention during and throughout the case creates significant hardship – you simply cannot work, provide for family, or mount an adequate defense.  

Therefore, to be on bail, you must seek a bond/bail hearing as soon as possible. It is here that an immigration lawyer NYC is tough and put in the work to securing your freedom. 

Cases Involving Cancellation of Removal 

Cancellation of removal is a relief option in deportation cases. The prerequisites for this relief are that: 

• There should be no legal status for the undocumented alien in the United States.  

• You should have been physically in the US for at least 10 years, and  

• You should be of good character. 

• You also must show extreme hardship your deportation will cause for US citizen or permanent resident family members.  

There is a high level of difficulty in achieving the legal standard. Courts do not easily grant cancellation of removal without compelling evidence. 

A immigration lawyer in NYC will understand the means of establishing hardship through: 

• financial documents,  

• medical proof, and  

• family statements.  

In arguing a fair case, “attractive presentation” will demonstrate the hardship of deportation to the alien.  

Cancellation of removal ensures the integrity of your immigration status. This is especially if you use proper strategy. 

Voluntary Departure and Other Case Types 

Voluntary departure means you could leave voluntarily in your own time in the United States.  

In this case, you will not experience deportation. Instead, you would be leaving with your head up. 

This way, you would have opportunities available for you in your immigration process in the future. Of course, you must ask for that in your own time and meet some requirements. 

Another form of appeal open to you as far as critique is concerned would be that which lies before the Board of Immigration Appeals-BIA.  

After an immigration judge denies your appeal, you automatically have the right to appeal the decision to the BIA.  

Such forms of appeal need very convincing arguments and proper documentation. 

What Role Can An Immigration Lawyer in NYC Play? 

There are several benefits that you get from working with an immigration lawyer in NYC, these include: 

• Evaluation of your immigration case, as well as all your notices from the court, in regard to possible relief available to you. 

• Advocating for you skilfully and confidently in front of New York immigration judges. 

• Organizing legal arguments and legal documents that help strengthen your position considerably. 

• Taking care of appeals and motions at all levels to ensure your rights. 

• Gathering and compiling of all the necessary evidence for your defense, such as birth documents, police reports, or employment letters. 

• Helping you prepare for a hearing so that you understand what is expected of you and how you should respond. 

• Bargaining with government lawyers when appropriate to secure favorable agreements. 

• Meeting all critical deadlines to ensure that no case is lost because of such life-taking procedural mistakes. 

Conclusion 

Immigration law cases heard in New York are extremely time-sensitive. Immigration lawsuits in NYC require a lot of strategizing.  

For those people who require the service of an immigration lawyer NYC, legal assistance really goes a long way in helping your case.  

The price one pays for not having legal representation in court is much higher in comparison to the costs of getting legal representation. 

Get help! 

Do not represent yourself at immigration court hearings. Consult an immigration lawyer NYC at Gehi and Associates. 

Our immigration lawyer in NYC would guide you on all legal alternatives and devise an effective strategy to win immigration cases. We are fully conversant with New York courts and immigration laws 

To discuss the way forward in your immigration case, book an appointment with us today! 

Immigration Lawyer NYC – FAQs: 

1. Do I need an immigration lawyer for immigration court in NYC? 

Well, immigration cases can be complex, and it is good to note that an immigration lawyer NYC can assist with evidence submission to ensure that you are in the country legally by adhering to all necessary timelines. Chances are on your side with good legal representation. 

2. What are the differences between deportation and removal? 

These are ‘interchangeable’ in the new immigration law. These two terms describe ‘the legal process’ of deporting an individual in the US. Both of these deportation proceedings can be dealt with by an immigration lawyer NYC. 

3. How long does an immigration case take in court in New York? 

It depends, in particular, on the complexity of the case and the court schedule. Less complex cases can take a few months, but complex asylum or cancellation cases may take either a year, two years or three years. Your immigration lawyer NYC can brief you better on this. 

4. How can I protect my rights if I get a bad ruling?  

You can file an appeal with the BIA. Your immigration lawyer NYC can process your appeal and present legal reasons as to why you disagree with the judge’s ruling. 

5. What does bond mean in immigration court? 

A bond is either cash or a personal bond that allows one to be free from detention as the case progresses. Immigration lawyer in NYC handles bond hearing cases due to community ties that justify the bail of a person from detention. 

More FAQs:

6. How much does an immigration lawyer cost in NYC? 

The level of case complexity and expertise of the lawyer will determine the cost. Most immigration lawyers do offer consultations, and you can then discuss the matter of cost with them. It is always advisable to engage professional services rather than appearing at the immigration court on your own. 

7. What should I take along when going to meet the immigration lawyer NYC? 

Do not forget to bring your passport, visa papers, I-94 card, any notices sent by the courts, work papers, and marriage papers. It is the duty of your immigration lawyer to inform you of any additional papers that need to be brought along for the case. 

8. Can I change lawyers for immigration cases in NYC while my case is pending? 

Yes. You may change lawyers but do so carefully. You must file a notice of change of counsel with the immigration court. Your new lawyer in NYC needs to coordinate everything with your old lawyer so you don’t miss anything. 

9. What happens to me if I don’t show up to immigration court? 

Missing your hearing results in an automatic deportation order. In case you missed your hearing, you should contact your immigration lawyer NYC right away. Sometimes, courts reopen matters if there is good reason. But this is not always necessary if you take relevant steps to avoid this. 

10. Do I need to speak perfect English to go to immigration court? 

No. You can get interpretation services when appearing before immigration courts. Your immigration lawyer NYC can arrange for interpretation services for your native language to enable you to grasp all aspects of your case.