What Happens if Your Deferred Action Application is Denied in New Jersey
Deferred Action is a program that provides temporary protection from deportation and work authorization for individuals who entered the United States as children and meet certain requirements. If you have applied for Deferred Action and your application is denied, it can be a devastating blow. Here is what happens if your Deferred Action application is denied in New Jersey.
First, it is important to understand why your application was denied. USCIS may deny your application for Deferred Action if you do not meet the eligibility requirements, such as not being able to prove that you entered the country before you turned 16, or if you have a criminal history that disqualifies you from the program. USCIS will provide you with a written notice explaining the reason for your denial.
If your application is denied, you may be able to file a motion to reopen or a motion to reconsider your case. A motion to reopen is a request to have your case reopened and reexamined in light of new facts or changed circumstances that were not available at the time of your initial application. A motion to reconsider is a request for USCIS to reconsider its decision based on the evidence that was already submitted in your initial application.
To file a motion to reopen or a motion to reconsider, you must file the appropriate forms and fees within the time frame specified in your denial notice. It is important to note that filing a motion to reopen or reconsider does not guarantee that USCIS will reverse its decision.
If your motion to reopen or reconsider is denied, you may be able to appeal the decision to the Board of Immigration Appeals (BIA). The BIA is an administrative body that reviews decisions made by USCIS and other immigration agencies. You must file a Notice of Appeal with the BIA within 30 days of the date of your denial.
If your appeal is denied, you may be able to file a lawsuit in federal court challenging USCIS’s decision. However, lawsuits are complex and can be expensive, so it is important to consult with an experienced immigration attorney before pursuing this option.
If your Deferred Action application is denied, it is important to remember that you are not alone. There are resources available to help you understand your options and navigate the appeals process. You can contact a local immigration organization or speak with an immigration attorney for guidance.
Additionally, it is important to be aware of the potential consequences of having your Deferred Action application denied. If you are not protected by Deferred Action, you may be at risk of deportation and may not be eligible for work authorization. It is crucial to explore all of your legal options to avoid being placed in this vulnerable position.
It is also important to take proactive steps to avoid a denial of your Deferred Action application. This can include working with an experienced immigration attorney to ensure that your application is properly prepared and that all necessary documentation is submitted. It is also important to be honest and transparent about your background and history, as any inaccuracies or misrepresentations can lead to a denial of your application.
If you are considering applying for Deferred Action, it is important to do so as soon as possible. USCIS is currently accepting applications for Deferred Action, but it is unclear whether this program will continue to be available in the future. By taking action now, you may be able to secure protection from deportation and work authorization for a temporary period of time.
If your Deferred Action application is denied in New Jersey, there are steps you can take to challenge the decision and seek relief. It is important to stay informed, seek assistance from an experienced immigration attorney, and take proactive steps to avoid a denial in the first place. With the right support and guidance, you can protect yourself and your future in the United States.
The Scheer Immigration Law Group is a team of experienced immigration attorneys who can provide guidance and assistance if your Deferred Action application is denied in New Jersey. Our attorneys can help you understand your legal options and develop a plan for challenging the denial of your application.
Specifically, our attorneys can help you with the following:
- Analyze the reason for the denial: Our attorneys will review the USCIS denial notice and analyze the reason for the denial. We can help you understand whether you may be eligible to file a motion to reopen, a motion to reconsider, or an appeal.
- File a motion to reopen or reconsider: If you are eligible to file a motion to reopen or a motion to reconsider, our attorneys can prepare and file the necessary forms and documentation on your behalf. We can also help you gather any new evidence that may support your case.
- File an appeal with the BIA: If your motion to reopen or reconsider is denied, our attorneys can file an appeal with the Board of Immigration Appeals. We will prepare a comprehensive brief outlining the legal arguments in your favor and highlighting any errors made by USCIS.
- File a lawsuit in federal court: If all other options have been exhausted, our attorneys can represent you in a lawsuit challenging USCIS’s decision. We will work tirelessly to protect your rights and ensure that your voice is heard in court.
Overall, The Scheer Immigration Law Group is committed to helping individuals who have had their Deferred Action applications denied in New Jersey. We understand the challenges and uncertainties that come with this situation, and we are here to provide compassionate and effective legal support. Contact us today to schedule a consultation and learn more about how we can help.