Deportation is a very serious matter. Not only can it result in your removal from the United States, but it can also severely restrict your ability to return to the U.S. in the future. Therefore, if you are facing removal, you need to protect yourself, and you should promptly discuss your situation with a New Jersey deportation lawyer.
What You Need to Know When Facing Deportation in New Jersey
Here are 10 important facts about facing deportation in New Jersey:
1. The Fact that You Are Facing Deportation Doesn’t Necessarily Mean You Will Be Deported
The fact that you are facing deportation doesn’t mean you will automatically be deported. The outcome of your deportation case is not predetermined, and there are several ways to fight deportation under U.S. federal law. Thus, while deportation is a very real risk, you should not assume that there is nothing you can do.
2. There are Alternatives to Involuntary Removal In Some Cases
As we already mentioned, getting deported can have consequences not only for your ability to remain in the United States now but also for your ability to return. With this in mind, if you do not have a way to avoid removal entirely (we discuss these options below), you may need to pursue an alternative to deportation. For example, a New Jersey deportation lawyer may be able to help you secure a voluntary departure. Depending on how long you have been unlawfully present in the United States, this could allow you to avoid the 10-year inadmissibility period that comes with involuntary removal.
3. There are Ways to Avoid Removal and Remain in the U.S. in Some Cases
Before seeking a voluntary departure, you will want to determine if you have any options for avoiding removal entirely. If you do, you may be able to remain in the United States and continue on the path to lawful permanent residence or citizenship. Some examples of ways it may be possible to avoid removal include:
- Securing an adjustment of status
- Securing post-conviction relief (if you are facing deportation based on conviction of a crime)
- Seeking asylum in the U.S.
- Challenging the government’s proof that you committed an act that warrants deportation
4. You May Need to File for Cancellation of Removal
Filing for cancellation of removal is also an option for avoiding deportation in some cases. This is an option for lawful permanent residents as well as those who are in the U.S. illegally—although the requirements for securing cancellation of removal vary depending on your immigration status. You may be eligible for cancellation of removal as a lawful permanent resident if:
- You have been a lawful permanent resident for at least five years
- You have continually lived in the U.S. for at least seven years after being lawfully admitted
- You have not been convicted of an aggravated felony
- You have not previously applied for cancellation of removal
You may be eligible for cancellation of removal without lawful status if:
- You have lived in the U.S. for at least 10 years
- You have been a person of good moral character during your U.S. residency
- You have not been convicted of any offense involving moral turpitude
- Your removal would cause extreme hardship to an immediate family member who is a U.S. citizen or lawful permanent resident
5. You May Need to Apply for an Immigration Waiver
Another option that you may have to remain in the United States is to apply for an immigration waiver. Immigration waivers are available to individuals who are facing deportation due to certain types of statutory violations—such as providing false information in a visa application, entering the U.S. unlawfully and committing certain other types of crimes.
6. There are Several Grounds for Deportation
While there are several options for avoiding deportation, it is also possible to face deportation on several different grounds. If you are facing deportation, you need to make sure you know why—and you need to determine your next steps based on the specific circumstances at hand. You should never assume you know why you are facing deportation. Instead, you need to make informed decisions based on the advice of an experienced New Jersey deportation lawyer.
7. You Have Important Legal Rights When Facing Deportation
You have several important legal rights when facing deportation from the United States. For example, you have the right to remain silent, and you have the right to refuse a warrantless search (in most cases). If federal agents attempt to question you or search your home or office, you should assert these rights and request to speak with your attorney.
8. You Have Important Legal Obligations When Facing Deportation
You have several important legal obligations when facing deportation as well. As you go through the process of fighting deportation, it is extremely important that you meet these obligations—as failing to do so could increase your risk of removal. For example, you must plan to attend all court hearings as scheduled (unless you obtain approval from the court to reschedule); and, if you have been detained and released by the U.S. Department of Homeland Security (DHS), you may be required to report to your deportation officer.
9. Fighting Deportation is Not Easy, But it is Possible
Fighting deportation is not easy. U.S. immigration laws are complex, and the procedures for asserting your legal rights are complicated. With that said, it is possible to successfully fight deportation in many cases, and you owe it to yourself to do everything you can to protect your immigration status.
10. An Experienced New Jersey Deportation Lawyer Can Help You
Given the challenges involved in fighting deportation, it is imperative to have an experienced New Jersey deportation lawyer on your side. A well-versed lawyer in U.S. immigration law will be able to assist with all aspects of your case—from helping you make intelligent decisions to representing you in court.
Talk to a New Jersey Deportation Lawyer in Confidence
Are you facing deportation in New Jersey? If so, you should speak with a lawyer right away. To schedule an appointment with a New Jersey deportation lawyer at Helmer, Conley & Kasselman, P.A., call 877-435-6371 or tell us how we can reach you online now.