Can We Stay in the U.S. if Our Children Were Born in America?
Just within the last few weeks a woman came to my office. She was quite upset, kind of desperate. She brought with her a notice that she had an immigration hearing about three months from now, a court hearing, a deportation hearing. She was very, very upset. She’s been here over 15 years. She has two US citizen children and she was petrified of being deported.
Basically, her primary question to me was, “Since I’ve been here so long and I have US citizen children, one was eight, one was six, do I have any options? Are they going to deport me?” My answer to her was that each case is fact specific. It is impossible to generalize. However, for the sake of my answer to you right now, in general when people have been in the US for over 10 years, and they have US citizen children that are not babies, that are actually integrated into the school system and into the society, if you are in deportation proceedings and you do not have a strong criminal record and you can prove good moral character, it my be possible to apply for a remedy called Cancellation of Removal.
You apply for this remedy in front of the judge and the trail attorney with a lot of supporting documentation documenting your 10 years plus in the US, documenting your US citizen relatives, and above all, documenting the extreme and unusual hardships to your US citizen relatives if you were to be deported. You must document your good moral character.
There is hope if you find yourself in this situation where you have a deportation proceeding coming up, and you have significant US citizen relatives, and many years in the US. It is a complicated scenario and I do recommend that you come and talk to a competent immigration lawyer who has experience in Cancellation of Removal,
Cancellation of Deportation. We have handled many of these cases and we would be very happy to advise you. Gather your documents together in order to make it a beneficial appointment, and we would be happy to analyze your documents and tell you what we think. Thank you.
Are you being threatened with deportation, but don’t want to leave because your children are american born? Let our dedicated Immigration Lawyer in NJ fight for your family.