Relief from Deportation
Immigration Lawyer in New Jersey Helping You Avoid Removal
Especially with affairs as they are in the United States, many immigrants and foreign nationals are afraid of deportation or forced removal from the country. The US is a just country with many regulations and exceptions to what you may be threatened with. It’s important that you know there are options you can pursue with a New Jersey immigration lawyer to remain in the United States if you fear deportation.
Relief for Green Card & Non-Green Card Holders
If faced with a criminal conviction that you fear might cause your deportation, there are still options. Green Card holders who have been living in the United States for 7 years and who have been a permanent United States resident for 5 years can still win their case keep their Green Card.
For those who do not hold Green Cards, there are still systems in place that can cancel your removal. For example, if you are in the United States on Temporary Protected Status (TPS), you cannot be removed from the United States. Additionally, there are other options we can explore about your specific case.
Waivers for Fraud & Crimes
If you have been charged with a fraud crime or willful misrepresentation in order enter or stay in the United States, it’s possible that your crime is inadmissible, which means the court can’t use it against you. If certain conditions apply, you may be able to obtain a waiver of inadmissibility and stay in the U.S.
Convention Against Torture (CAT)
The United Nations met late in 1984 to establish the Convention Against Torture Act, which is a rare but possible form of relief from deportation that is relevant when an individual fears torture in their home country. If we can prove beyond a 50% likelihood of your torture, you may be able to stay.
Defensive Asylum Claims
As discussed previously, relief from deportation is likely if you obtain temporary protection status at the time of your arrest or detention, but if you do not obtain it, it’s not too late. In your defense, we can argue in front of an immigration judge and the Immigration and Customs Enforcement that you are eligible for asylum.
It’s important that you remember this is not the end. A simple threat of deportation does not decide it. This is a legal matter in the land of the free, and an experienced New Jersey immigration attorney such as Lloyd E. Bennett can help you overturn this threat. Call our offices today at (800) 909-8129.
Experienced & Proven Success Since 1987
Personally Assisted Thousands of Individuals
Tens of Millions Recovered for Our Clients
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.