Legal Options for Undocumented Immigrants Facing Deportation in New Jersey

Deportation can be a frightening situation for undocumented immigrants in New Jersey. Many individuals and families live in fear of being separated from their loved ones or removed from a country where they have built their lives. It is important to know that there are legal options available that may help undocumented immigrants stay in the United States. Understanding these options can give hope and allow people to plan for their future. 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.

Undocumented immigrants often face various challenges, including the risk of deportation. This can happen for many reasons, such as entering the country without proper documentation or overstaying a visa. While the laws are strict, the legal system offers different ways for people to fight deportation and potentially remain in the U.S.

There are different processes available to those facing removal. Depending on a person’s situation, they may be eligible for relief from deportation. By exploring legal avenues, individuals can work to protect their rights and fight to remain in the country. These processes, while complex, provide a path for immigrants to argue their case in court or through other means.

What Triggers Deportation in New Jersey?

Deportation, also known as removal, happens when the government orders a person to leave the country. This can occur for various reasons, such as not having the right to live in the U.S. or breaking certain laws. For undocumented immigrants, deportation can be triggered by different actions or circumstances. Sometimes, even minor issues can lead to removal proceedings.

One common cause of deportation is being in the U.S. without proper documentation. This means that the person either entered the country illegally or overstayed a visa. When immigration authorities discover this, they may initiate removal procedures. Additionally, if an undocumented person is arrested or convicted of a crime, this can also lead to deportation.

Other factors, such as a previous deportation order or failing to follow the rules of a visa or green card, can also trigger removal. In these cases, the government sees the person as being in violation of U.S. immigration law, and they may be asked to leave the country. However, even in such situations, there are still ways to fight deportation and explore legal options.

Seeking Asylum as a Form of Protection

One of the main legal options available for undocumented immigrants facing deportation is seeking asylum. Asylum is a form of protection given to individuals who have fled their home country due to persecution or fear of harm. To qualify for asylum, the person must prove that they have been persecuted or have a well-founded fear of persecution due to factors such as their race, religion, nationality, or political opinion.

Filing for asylum is a serious process, and the person must demonstrate that returning to their home country would be dangerous. Many people come to the U.S. to escape war, violence, or oppressive governments. If granted asylum, the individual can stay in the country and eventually apply for a green card.

Asylum seekers must file their application within one year of entering the United States. However, there are exceptions to this rule if certain conditions are met. It is important to note that not all asylum claims are approved, and the process can take time. Having legal representation can make a difference in building a strong case.

Cancellation of Removal

Another possible defense against deportation is cancellation of removal. This is available to both undocumented immigrants and lawful permanent residents under certain conditions. For undocumented immigrants, the person must have been in the United States for at least ten years. They must also show that their deportation would cause exceptional hardship to a U.S. citizen or lawful permanent resident family member, such as a spouse or child.

To qualify for cancellation of removal, the immigrant must have a clean criminal record and demonstrate good moral character. If approved, the person can receive a green card and stay in the U.S. However, this form of relief is not automatic, and the immigrant will need to present their case before an immigration judge. The judge will weigh factors like the individual’s family ties in the U.S., employment history, and overall contributions to the community.

Cancellation of removal is a challenging process, but it can offer a path to legal status for those who qualify. It is important to have strong legal arguments and evidence when presenting a case for cancellation of removal.

Prosecutorial Discretion

In some cases, the government may decide to stop pursuing a deportation case through prosecutorial discretion. This means that immigration authorities choose not to prioritize a person’s removal, allowing them to stay in the country temporarily. While prosecutorial discretion does not provide a path to legal status, it can give an undocumented immigrant more time to explore other options.

Prosecutorial discretion is generally granted on a case-by-case basis. Factors such as the person’s length of stay in the U.S., ties to the community, and whether they pose any threat to public safety are considered. While this option may not lead to permanent residency, it can offer a temporary solution while the individual explores other forms of relief.

If an undocumented immigrant receives prosecutorial discretion, they may be able to avoid deportation for an extended period of time. This option is less formal than other legal defenses, but it can still be an effective way to delay removal.

Temporary Protected Status (TPS)

Temporary Protected Status, also known as TPS, is another option for undocumented immigrants from countries experiencing armed conflict, natural disasters, or other dangerous conditions. If the U.S. government designates a country for TPS, its nationals living in the U.S. may qualify to stay in the country for a temporary period, even if they entered without documentation.

TPS allows individuals to live and work in the United States while their home country remains unsafe. This status is granted for a limited time, but it can be renewed if the dangerous conditions in the home country continue. While TPS does not provide a path to a green card or permanent residency, it can protect individuals from deportation and allow them to build a life in the U.S. for the time being.

TPS is available to nationals of specific countries designated by the U.S. government. Immigrants from these countries must meet certain criteria to apply, including being physically present in the U.S. during the time of designation. Once approved for TPS, the individual is protected from deportation and can work legally in the U.S.

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Deferred Action for Childhood Arrivals (DACA)

Deferred Action for Childhood Arrivals, or DACA, is a program designed to protect young undocumented immigrants who were brought to the U.S. as children. These individuals, known as Dreamers, may be eligible for protection from deportation if they meet certain criteria. DACA allows Dreamers to live and work in the U.S. without fear of removal, although it does not provide a path to permanent residency.

To qualify for DACA, the individual must have arrived in the U.S. before their sixteenth birthday and have lived in the country since June 15, 2007. They must also meet educational requirements or have served in the military. DACA recipients must renew their status every two years.

While DACA offers temporary relief from deportation, the program’s future has been uncertain due to changes in government policy. It is important for DACA recipients to stay informed about their legal rights and explore other avenues for permanent residency if possible.

Voluntary Departure

In some cases, an undocumented immigrant may choose to leave the country voluntarily rather than face deportation. Voluntary departure allows the person to leave the U.S. on their own terms, avoiding a formal removal order. This option can have benefits, such as making it easier to return to the U.S. legally in the future.

If a person is granted voluntary departure, they must leave the country within a set period of time, usually between sixty and one hundred twenty days. If they fail to leave by the deadline, they may face more severe penalties, including a formal deportation order and a ban on returning to the U.S. for several years.

Voluntary departure is not the best option for everyone, but it can offer a way to avoid the long-term consequences of a formal deportation. It is important to carefully weigh the pros and cons of voluntary departure before making a decision.

Facing deportation can be a daunting and emotional experience for undocumented immigrants in New Jersey. However, there are legal options available that may allow individuals to stay in the country and fight for their future. If you or a loved one is facing deportation, it is important to seek legal advice as soon as possible. The Scheer Immigration Law Group is here to help. Our experienced attorneys are committed to providing compassionate and dedicated legal services. Contact us today to discuss your case and explore your options for staying in the United States.