Facing deportation is a very serious matter. If an immigration judge determines that you should be deported, U.S. Immigration and Customs Enforcement (ICE) will carry out a removal order, and once you have been removed from the United States, you may become ineligible for readmission. However, it is possible to protect your right to remain in (or reenter) the United States in many cases. As a result, if you are facing removal, one of the best things you can do is speak with a New Jersey deportation lawyer promptly.
When to Speak with a New Jersey Deportation Lawyer
When you are facing removal, there are lots of ways an experienced New Jersey deportation lawyer can help you. With this in mind, we recommend that you speak with a lawyer if:
1. You Just Found Out That You Are At Risk for Removal (Deportation)
If you just found out that you are facing deportation and are trying to figure out what to do next, you should contact a deportation lawyer. Your lawyer will be able to explain the deportation process, tell you what you need to do to get ready for the next steps in the process and advise you going forward.
Your lawyer will also be able to determine what defenses you have available and represent you in immigration court. There are several defenses to deportation, and your lawyer may be able to use one (or more) of these defenses to help you avoid removal.
2. You Are Considering Voluntary Departure
If you are facing deportation and are considering voluntary departure in order to avoid being removed by ICE, you should speak with a deportation lawyer in this scenario as well. Making a voluntary departure is not as simple as leaving the United States. You must first convince the immigration judge to let you make a voluntary departure, and you must also show that you have the financial means to do so. You may have defenses to deportation as well—and if you do, leaving the United States may not be necessary.
3. You Have Been Physically Present in the United States for 10 Years or More
If you are facing deportation and you have been physically present in the United States for 10 years or more, you may qualify for a cancellation of removal. Not only can seeking cancellation of removal help you avoid deportation, but it can also put you on the path toward obtaining a green card.
In addition to being physically present in the United States for 10 years or more, to qualify for cancellation of removal as a non-lawful permanent resident you must also show that:
- You have been a person of “good moral character” during your time in the United States;
- You do not have any disqualifying criminal convictions; and,
- You have a spouse, parent or child under age 21 who is a U.S. citizen or lawful permanent resident and who would suffer “exceptional and extremely unusual hardship” if you are deported.
4. You Have a Green Card and Have Been in the U.S. for At Least Seven Years
If you are facing deportation and you have a green card, you can file for cancellation of removal if you have continuously resided in the United States for at least seven years. In this scenario, you must also be able to show that:
- You have been a lawful permanent resident of the U.S. for at least five years;
- You have not been convicted of an aggravated felony;
- You have not received a cancellation of removal in the past; and,
- The judge should use his or her discretion to cancel your removal.
5. You Have Family in the United States Who Would Experience Extreme Hardship if You Were Removed
Regardless of how long you have been in the country, a New Jersey deportation lawyer may also be able to help you avoid removal if your removal would cause extreme hardship to your family in the United States. According to U.S. Citizenship and Immigration Services (USCIS), family separation and economic difficulties do not qualify as “extreme hardship” for purposes of avoiding removal. Instead, immigration judges consider a variety of factors and then make a decision based on “the totality of the circumstances.” An experienced deportation lawyer will be able to determine which factors apply to your case and build a strong case for allowing you to stay in the U.S. with your family.
6. You Think You May Be Eligible for an Adjustment of Status
Another option for avoiding deportation from the U.S. is applying for an adjustment of status. An adjustment of status allows you to obtain a green card and remain in the United States legally. A New Jersey deportation lawyer can determine if you are eligible for an adjustment of status, and if so, your lawyer can deal with the immigration court and file all of the necessary forms on your behalf.
7. You Have Questions About Your Legal Rights as a Foreign Citizen in the U.S.
Finally, regardless of your present circumstances, if you have questions about your legal rights as a foreign citizen living in the United States, you should speak with a New Jersey deportation lawyer promptly. You deserve to have your questions answered, and you owe it to yourself and your family to make informed decisions about your next steps. An experienced lawyer will be able to explain everything you need to know so that you can decide what to do next—and then you can feel confident that you are doing the right thing for yourself and your family.
Schedule an Appointment with a New Jersey Deportation Lawyer
Are you facing deportation in New Jersey? If so, we can help, and we encourage you to contact us promptly for more information. To speak with a New Jersey deportation lawyer at Helmer, Conley & Kasselman, P.A. in confidence, please call 877-435-6371 or tell us how we can reach you online today.
