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Immigration Court Proceedings

New Jersey Immigration Attorney

If the alien is detained there is no guarantee that they will be detained in the state where they live or that the case will be heard in the state where they live. Immigration can and frequently does transfer detainees all around the U.S. Our office can file an application for a Change of Venue to bring the case closer to the alien's home.

However, for those subject to mandatory detention this procedure is difficult. The first date to see the immigration judge will be scheduled within several weeks of initial detention. This first hearing is called a Master Calendar Hearing. The judge will review the case and listen to arguments from counsel about the relief the alien may be eligible for. Once eligibility is determined, the judge will schedule an Individual hearing which is the trial date to prove eligibility.

At the Individual hearing testimony the judge will consider documents and testimony needed to prove the claim for the relief requested. The judge will make his decision and examine the positive and negative factors.

Some of the factors the judge will consider are as follows:

Positive Factors

  • Family Ties Within the United States: Birth certificates, marriage certificates, family photos, copies of family member green cards, U.S. Passports or naturalization certificates, and letters from family members;
  • Length of Residence in the United States: Apartment leases or mortgages, letters from neighbors, and telephone, cable, and electric bills;
  • Evidence of Hardship to Family Members if Deported: Records of any medical, psychiatric or educational disabilities of family members who depend on the alien; testimony or letter from the spouse (even if separated or divorced) showing that the alien provides financial and emotional support the children;
  • Evidence of Hardship if Deported: Medical or education records indicating a disability or chronic health condition;
  • Country Condition Reports: Newspaper and magazine articles, or U.S. State Department Country Reports on the human rights and/or economic conditions in the home country;
  • Service in the United States Armed Forces: Discharge papers, commendations, VA benefits statements;
  • History of Employment: Letters from employers, pay stubs, W-2 forms, social security earnings statements;
  • Ownership of Property in the United States: Mortgage, bank statements;
  • Tax History: Copies of tax returns from as many years back as available
  • Proof of Rehabilitation: Certificates of attendance at drug or alcohol rehabilitation programs, letters from counselors, therapists, or sponsors;
  • Community Service: Letters from youth sports programs, church groups, and civic organizations;
  • Any Other Evidence That May Exist of Good Moral Character.

Negative Factors:

  • Negative factors include criminal history and the circumstances of the crimes for which convicted,;
  • lack of work history and payment of taxes;
  • any other violations of the immigration laws, or any other evidence of bad character.

Voluntary Departure (VD)

If a determination is made that the alien has no ability to remain in the U.S. an application for Voluntary Departure should be made. The advantage to VD is that an order of deportation will not be entered against the alien. Therefore, the alien could return to the U.S. in the future upon the issuance of a visa. If ordered removed the alien would not be eligible to reenter the U.S. for 10 or more years.

Voluntary departure is:

  • not available to arriving aliens;
  • not available to those with aggravated felony convictions or those who are security concerns;
  • cannot have any prior removal orders;
  • granted up to 120 days if before end of proceedings;
  • up to 60 days if request made at end of proceedings must have physical presence for at least one year before filing of NTA (not available to arriving aliens);
  • must have good moral character for at least five years before application;
  • must have travel documents and a ticket;
  • failure to depart makes alien ineligible for 10 years for cancellation of removal, adjustment of status, change of non-immigrant status and subject to civil penalties.

Call The Law Offices of Lloyd E. Bennett, Esq., P.C today at (800) 909-8129 to speak to an experienced New Jersey immigration attorney.

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Conveniently Located At

4713 Bergenline Avenue
Union City, NJ 07087

Find Out About Your Immigration Options

Speak with our attorneys today to talk about your situation and we will walk you through your options.

Common Questions

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

    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.

  • 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?

    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.

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

    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.

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Staying Current to Provide Our Clients the Best Protection

Our Founding Attorney Lloyd E. Bennet, Esq. is one of the rare attorneys with as many as 30 years of experience who still possess the drive to learn more and better advocate for his clients. Immigration law is a field that changes constantly as world politics unfold and new leaders front the United States. In order to stay on top of this, Attorney Bennet serves as Chapter Chair for the American Immigration Lawyers Association’s New Jersey Chapter, a position that requires conducting and attending conferences and public presentations to analyze changes in immigration law and what they could mean for our clients. His role in the immigration law community keeps his representation on the cutting edge.

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