New Jersey Immigration Attorney Explains Remaining in the US if You Have American Born Children
As a New Jersey Immigration Attorney, clients often ask me about staying in the US because they have American born children. Just within the last few weeks a woman came to my office upset. She brought with her a notice that she had an immigration hearing about three months from now, a court hearing, a deportation hearing. She’s been here over 15 years. She has two US citizen children and she was petrified of being deported.
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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’s impossible to generalize. However, 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. Then if you are in deportation proceedings and you do not have a strong criminal record and you can prove good moral character, it may be possible to apply for a remedy called Cancellation of Removal.
You apply for this remedy in front of the judge and the trial attorney with a lot of supporting documentation for your 10 plus years in the US. Document 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,
Have you had trouble with the Cancellation of Removal? Contact our professional New Jersey Immigration Attorney for guidance.
This educational blog was brought to you by Susan Scheer, an experienced New Jersey Immigration Attorney.