How Deferred Action Can Affect Your Path to Permanent Residency in New Jersey
Deferred Action can be a helpful tool for some people who are in the United States without proper immigration status. It is a way to temporarily protect certain individuals from deportation. But, while Deferred Action can provide temporary relief from removal, it is not the same as having legal immigration status. If you are living in New Jersey and are considering Deferred Action, it is important to understand how it might affect your path to permanent residency. At, The Scheer Immigration Law Group , we are here to guide you through the legal process and help you navigate the complexities of your case.
Deferred Action is often granted to people who meet certain requirements, such as having been brought to the United States as children or having specific family connections in the country. One of the most well-known forms of Deferred Action is Deferred Action for Childhood Arrivals, also known as DACA. This program has allowed many young people, who were brought to the U.S. as children, to stay in the country and obtain work authorization. However, DACA is not the only form of Deferred Action. People with family members who are U.S. citizens or lawful permanent residents may also qualify for Deferred Action if they can show that their removal would cause extreme hardship to their loved ones.
When someone is granted Deferred Action, they are typically allowed to stay in the U.S. for a certain period of time. This is usually for two years, although it can sometimes be renewed. During that time, they are considered to be lawfully present in the country, which means they are not considered to be unlawfully present for immigration purposes. This can be important for people who are trying to avoid accruing unlawful presence, which can result in being barred from returning to the U.S. for a certain period of time if they leave the country.
Attorney Susan W. Scheer attended Douglass College at Rutgers University and received her B.A. in 1974. She attended Georgetown University to get her M.A.T. in 1977 and went on to receive her J.D. from Georgetown as well in 1982. Susan is admitted to practice in New Jersey and before the United States Supreme Court.
Susan speaks Spanish, French, Hebrew, and Portuguese.
While Deferred Action may seem like a good option for people who are facing deportation, it is important to understand that it is not a direct path to permanent residency. Deferred Action does not provide a green card or a way to become a U.S. citizen. However, for some people, it can be a stepping stone toward achieving permanent residency in the future. There are a few ways in which Deferred Action can help you eventually obtain a green card, but the process can be complicated.
One way that Deferred Action can affect your path to permanent residency is by allowing you to remain in the U.S. without fear of deportation while you pursue other options for legal status. For example, if you have a family member who is a U.S. citizen or lawful permanent resident, they may be able to petition for you to receive a green card. While the petition process can take several years, having Deferred Action can allow you to stay in the U.S. during that time. Without Deferred Action, you might be forced to leave the country and wait for your petition to be processed, which can result in long periods of separation from your family.
Deferred Action can also allow you to apply for a work permit, which can make it easier for you to support yourself while you wait for a more permanent solution to your immigration status. Having a job and being able to show that you can support yourself can be important factors in your immigration case. If you are able to work legally in the U.S., it may also open up other opportunities, such as being able to apply for certain benefits or access resources that are available to people with legal work authorization.
Another way that Deferred Action can affect your path to permanent residency is by allowing you to stay in the U.S. long enough to become eligible for other forms of relief. For example, some people may become eligible for something called cancellation of removal, which can lead to permanent residency if they can show that their removal from the country would cause exceptional hardship to their U.S. citizen or lawful permanent resident family members. In other cases, people who are granted Deferred Action may be able to apply for other types of visas, such as a U visa for victims of crime or a T visa for victims of human trafficking. These visas can provide a path to permanent residency for people who meet certain requirements.
It is also possible that changes in immigration law or policy could make it easier for people with Deferred Action to eventually obtain permanent residency. Immigration law is constantly evolving, and there have been proposals in the past to provide a more direct path to permanent residency for people who have been granted Deferred Action. While it is difficult to predict how the law may change in the future, it is something that you and your attorney should keep in mind as you navigate the immigration process.
While Deferred Action can offer temporary protection from deportation, it is not a permanent solution to your immigration status. If you are granted Deferred Action, it is important to continue exploring other options for obtaining permanent residency. This may involve working with an immigration lawyer to identify all of the legal options that are available to you and to create a long-term plan for achieving legal status in the U.S.
It is also important to remember that Deferred Action can be taken away. If you commit certain crimes or otherwise violate the terms of your Deferred Action, the government may decide to terminate your Deferred Action status and place you in removal proceedings. This is why it is so important to follow the rules and conditions of your Deferred Action status and to consult with an immigration attorney if you are unsure about what you are allowed to do while you have Deferred Action.
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If you are living in New Jersey and are considering applying for Deferred Action, or if you have already been granted Deferred Action and are looking for ways to obtain permanent residency, it is important to get the right legal advice. Immigration law is complex, and it can be difficult to know what your options are without help. An experienced immigration lawyer can help you understand your situation and guide you through the process of applying for Deferred Action, as well as explore other options for obtaining permanent residency.
Deferred Action can be a helpful tool for people who are in the U.S. without legal status, but it is not a permanent solution. If you want to stay in the U.S. long-term and eventually become a lawful permanent resident, you will need to explore other options in addition to Deferred Action. This might involve applying for a family-based visa, seeking asylum, or looking into other forms of relief that may be available to you. An immigration lawyer can help you navigate these options and work with you to find the best path forward.
While Deferred Action is not the same as having legal immigration status, it can provide temporary relief from deportation and allow you to remain in the U.S. while you pursue other legal options. If you are in New Jersey and are considering Deferred Action or are already in Deferred Action status, it is important to explore all of your options for achieving permanent residency. This can be a complicated process, and the help of an immigration lawyer can make all the difference.
At The Scheer Immigration Law Group, we are here to help you navigate the complex process of applying for Deferred Action and exploring your options for permanent residency. Our team is dedicated to helping people in New Jersey understand their immigration options and work toward achieving legal status in the U.S. If you have questions about Deferred Action or want to learn more about how it can affect your path to permanent residency, contact us today. We are here to provide you with the guidance and support you need to navigate the immigration process successfully.