Removal Defense

Welcome to The Kuba Law firm, PC.

At The Kuba Law firm, our New York City removal defense lawyers are standing by, ready to fight aggressively to help you or your loved one remain in the country. Facing deportation from the United States is stressful, even overwhelming. Our team of immigration lawyers is here to help you evaluate and raise every possible defense. If you have any specific questions about removal, please do not hesitate to contact our New York City deportation defense lawyer for a free consultation.

What is Removal?

Removal is the legal term for deportation. Simply stated, it means the United States government is trying to force you to leave the country. If you are in removal proceedings, an immigration judge will decide whether you can stay or must leave. How long removal takes varies dramatically. In some cases, the process can be very fast. In other cases, proceedings can take awhile. Regardless, removal is always a very serious matter. If you lose your case, you could be banned from returning for years. Further, you may be arrested and held in detention during the process.

You Should Never Ignore a Notice to Appear (NTA)

A Notice to Appear (NTA) means the government is starting deportation proceedings against you. In effect, your NTA is a deportation order. Ignoring it is a huge mistake. Indeed, it is one of the biggest legal mistakes that you can make. If you miss your court date, the judge can order your removal without hearing your side of the case at all. It is called an “in absentia” order—and it is very hard to undo. The NTA has your court date and charges against you. Read it carefully. Show up to court. Hire a New York City removal defense lawyer. You have the right to challenge deportation. That the government is trying to deport you does not mean that you are out of options—but you need to be prepared to act quickly to raise a strong defense.

An Overview of Defenses Against Removal (Deportation)

How do you defend yourself against removal? The answer depends, in large part, on the specific circumstances of your case. There are a number of different defenses that can be raised, but they are not applicable to every situation. Deportation cases should be defended on a case-by-case basis with careful consideration of the facts. Our New York City removal defense lawyer can help you evaluate every potential defense strategy, including:

• Defensive Asylum Claim: Asylum protects people who reasonably fear persecution in their home country due to race, religion, nationality, political opinion, or membership in a particular social group. To raise this defense, you must apply within one year of arriving in the U.S.—unless you qualify for an exception.
• Cancellation of Removal: Cancellation is a defense that is available to certain long-term residents, including undocumented immigrants and lawful permanent residents. You must meet strict requirements—such as length of stay, good moral character, and hardship to a U.S. citizen or lawful permanent resident relative—to qualify.
• Adjustment of Status: If you are eligible to apply for a green card through a family or employment-based petition, you may be able to adjust status in immigration court even if you already received a Notice to Appear. It is a defense that is often used when someone is already in removal proceedings but otherwise qualifies for permanent residence.
• Withholding of Removal: Withholding of removal offers protection similar to asylum but has a higher burden of proof. You must show it is more likely than not you would face persecution if returned. It does not lead to a green card, but it allows you to remain in the U.S. and get a work permit.
• Prosecutorial Discretion: In some cases, immigration authorities may decide not to pursue removal, even if you have no strong legal defense. You may hear this referred to as prosecutorial discretion. It depends on your background, family ties, and the government’s priorities. A New York City removal lawyer can help you navigate this type of defense.

Why Trust Our New York City Removal Defense Attorneys

There are few things more stressful or frustrating than facing deportation. These are time-sensitive, high-stakes cases. It is important to know that there are legal defenses that can be raised against removal. At The Kuba Law firm, your fight is our battle. We have a history of winning results across a broad range of immigration cases, including deportation defense. Our team is proactive and committed to aggressive advocacy. Among other things, our New York City immigration lawyer will:

• Hear your story and explain your rights and options under the law;
• Help you evaluate every possible defense to raise against deportation;
• Investigate your case—gathering documents, records, and supporting information; and
• Represent you in a removal hearing to protect your right to stay in the country.

Removal Defense: Frequently Asked Questions (FAQs)

Can I fight my deportation if I have a green card?

Yes, lawful permanent residents can absolutely take action to fight removal—especially if the grounds for removal are based on a minor or old criminal conviction. You may qualify for relief like Cancellation of Removal or Adjustment of Status. A lawyer can help.

Do I need a lawyer to fight deportation?

It is not required by law, but it is strongly recommended. Removal proceedings are notoriously complex. An experienced New York City deportation defense lawyer can help you raise the strongest possible defense against removal.

What if I missed my immigration court date?

You need to contact a New York City immigration lawyer right away. If you missed court, the judge may have ordered you removed in your absence. You can file a motion to reopen the case, but you must act fast and show good cause. Your case is highly time sensitive.

Contact Our New York City Removal Defense Lawyer Today

At The Kuba Law firm, our New York City removal defense attorneys are skilled, knowledgeable, compassionate, and committed to helping clients find the best solutions for their specific situation. Have questions? Get your free consultation now! From our law offices in New York City, Rockland, and Hauppauge, we provide deportation defense representation throughout the entire region.