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COVID-19 Court Update 04/02/2020 

Deportation Relief with Aggravated Felony

Fighting for Your Ability to Stay in the United States

An “aggravated felony” is not always as serious or heinous as it sounds. It actually refers to a group of dozens of crimes, not all of them malicious or violent in nature. The United States government uses this term for immigrants to essentially monitor their activity in terms of national security.

While you may have been told there is no hope for a noncitizen charged with an aggravated felony to stay in the United States, this is not the case. In many instances, deportation is not entirely warranted, and there may be other circumstances that would make it inhumane to send an individual back to their home country.

Possible Defenses for Deportation Relief

If the conditions are right, a just court will see that deportation is not the best option in your particular case. Knowing which options are available is half the battle of relieving the threat.

The following are possible ways to avoid removal, even with aggravated felony charges:

  • Withhold of removal – if the crime was not particularly serious, and the individual faces persecution in their home country for the crime, a stay can be obtained.
  • Convention Against Torture Act – similarly, if the court can be shown a reasonable likelihood that you will be tortured in your home country, deportation can be relieved.
  • Immigration and Nationality Act – you may be able to stay for the sake of your family if your charge was not involved with drugs, illegal chemicals, or violence of any kind.
  • T or U Visas – if a victim of human trafficking and willing to cooperate with investigative forces in the United States, you may be granted this visa which can turn into a permanent green card.

Putting the Right Attorney on Your Side

Attorney Bennett of the Law Offices of Lloyd E. Bennett has consistently been placed in the listings of Best Lawyers in America and has helped thousands of individuals protect their legal status, both here in the United States and abroad. Our firm possesses the New Jersey immigration representation you need.

Call our offices at (800) 909-8129 as soon as possible. Often, these charges warrant an expedited deportation, meaning that time to make your defense is extremely important and scarce.

Why Hire Our Firm?

We provide aggressive, yet compassionate representation to achieve successful results. 
  • Experienced & Proven Success Since 1987
  • Personally Assisted Thousands of Individuals
  • Tens of Millions Recovered for Our Clients

Common Questions

  • Q:I am a fiancée of a U.S. citizen living outside the U.S. How can I enter the U.S. to marry?

    A:Your fiancée must apply for a Fiancée Visa, also known as the K-1 Visa. The visa is for parties who have physically met within the past two years, have an intent to marry, and can document a relationship together. The visa is only for those who are residing abroad and cannot be used if the alien is in the US. The application is filed from within the US and when approved, will be forwarded to the American Consular where the alien fiancée will apply for the visa and be interviewed by an officer - usually about 8-12 months from the date of filing.

  • Q:I live in the U.S. and I am marrying a U.S. citizen. How can I get a green card and become a permanent resident?

    A:Assuming you have entered the US with a visa or are protected by an old law called 245i, you may be eligible to adjust status to receive a green card from within the US. If you have been illegally present for more than 6 months, you cannot travel until the green card is in hand. Current processing time is about 5-7 months.

  • Q:I live outside the U.S. and I married a U.S citizen. How can I come to the U.S. to live?

    A:To enter the US after a marriage to a US Citizen, you would go through Consular Processing. Paperwork would be filed in the US and forwarded to the embassy abroad to schedule an interview. The processing time frame from start to finish is between 9-11 months, depending on the embassy abroad. The process is document-intensive and requires careful attention to detail.

Don't Make the Mistake of Hiring the Wrong Attorney

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