Deportation Defense, Immigration Attorneys in Hackensack, Essex County
The Deportation/Removal Proceeding
In a typical deportation/removal proceeding, the foreign national in question is arrested and detained by United States Immigration and Customs Enforcement (USICE). Shortly thereafter, the individual will receive a “Notice to Appear” (NTA) which outlines why the alien should not be allowed to remain in the United States. A USICE official will then determine bond eligibility and hold the deportation hearings. Once the decision is made after the deportation hearing, an appeal from the immigration judge’s ruling may be filed at the Board of Immigration Appeals within 30 days of the decision. It is important to note that the Board of Immigration Appeals makes its ruling on appeals based solely on the printed record of the previous proceeding, the immigration judge’s decision and the attorney’s legal briefs. The immigrant in question is not permitted to testify during the appeal process.
The experienced team at Jadoo & Zalenski, LLC, understands the fear and uncertainty one feels when they or a loved one has been issued a notice to appear for a deportation or removal hearing. Our firm can help you with every aspect of the deportation hearing process including preparation for hearings and drafting necessary documents. With all cases, our immigration law firm will take the time to determine whether there is basis for deportation. If our immigration lawyers find that there is not enough evidence to warrant deportation, we will move quickly to terminate the proceedings. If there is reasonable evidence to suggest that deportation is in order, we will help you explore strategies to avoid removal such as obtaining political asylum, assisting you in attaining permanent residency status, cancellation of removal or by obtaining a waiver or pardon under the Immigration and Nationality Act. If there is no avenue of relief, we can assist in negotiations which will allow you to leave the country voluntarily rather than under the order of deportation; this action can minimize the long-term consequences of deportation so that you have the opportunity to re-enter the United States in the future.
Typically, there are five broad categories of grounds for deportation:
- Entering the country without proper authority such as a valid visa
- Status Violations” which occur when an immigrant violates their terms of admission or works illegally in the United States
- Persons with criminal convictions or membership in certain prohibited organizations
- An individual’s application for asylum has been denied
- Immigrating to the United States is the dream of a lifetime for many people around the world. Each year, however, this dream is jeopardized for thousands through deportation proceedings. The Immigration and Nationality Act divides deportation matters into two categories, inadmissibility and removal proceedings. Deportation based on inadmissibility prohibits a person from entering the United States whereas removal proceedings force individuals already in the U.S., legally or illegally, to leave the country.
Relief from Removal:
- Cancellation of removal: This is a discretionary benefit that adjusts an alien's status from that of deportable alien to one lawfully admitted for permanent residence. An application for cancellation of removal is made during the course of a hearing before an immigration judge.
- Voluntary departure: Voluntary departure is the departure of an alien from the United States without an order of removal. An alien allowed to depart voluntarily concedes removability but does not have a bar to seek admission at a port of entry at a future time.
- Application for stay of deportation: An applicant may file an application for stay of deportation if he has been ordered deported or removed from the United States and wishes to obtain a stay of deportation or removal.
Other Immigration Benefits
- extension/change of non-immigrant status
- employment authorizations
- travel documents
- replacement of permanent resident card
- replacement of initial non-immigrant arrival/departure records
- removal of conditions on lawful permanent resident status - any alien granted permanent resident status on a conditional basis (for example as a spouse of a US citizen) who is required to petition for the removal of the set conditions before the second anniversary of the approval of his or her conditional status.
If you have been living in the United States illegally, or have been living here legitimately but have been arrested on a criminal charge and are facing the possibility of deportation, it is difficult to know what to do. You need attorneys trained to handle the specific legal matters related to deportation or removal.
At the law offices of Jadoo & Zalenski our attorneys have successfully handled numerous deportation defense cases, helping clients take advantage of alternatives. If you are concerned that you will have to leave the United States and lose the privilege of returning, Contact us today. We can help. Our attorneys speak English, Spanish, Korean and Polish.
Conditions That Affect Your Situation
- When you face deportation, time is important. You may rely upon our attorneys to address matters quickly and efficiently. We are not afraid to push to get your matter handled in a timely manner
- Together, we can explore the factors that may affect your ability to stay in the U.S: Some of these factors include how long you have lived in this country, what family members you have living here, your history of paying taxes, and what kind of criminal history you have.
If you need valuable legal assistance in your deportation defense case — the kind that gets you the best results possible — the time to act is now. Contact the law offices of Jadoo & Zalenski, LLC today to schedule your free initial consultation.
Our firm handles the following types of matters on a regular basis:
- Applications for Asylum, and Withholding of Removal.
- Removal Proceedings involving issues of deportability and inadmissibility, including criminal-related charges.
- Applications for relief from removal.
- Appeals to the Board of Immigration Appeals.
- Lawsuits involving eligibility and processing for citizenship and naturalization.
- Petitions for Writ of Habeas Corpus on behalf of detained non-citizens and those facing removal orders.
Do not allow an immigration officer to dissuade you from seeking counsel, even if they tell you that you do not need an attorney. If you are before an Immigration Judge without an attorney tell the Judge on the record that you want the opportunity to try to find a lawyer to help you with your case.
If you have been given a Notice of Hearing scheduling you for an immigration hearing if you fail or neglect to attend that hearing you will be deported in absentia (in your absence), and you will be unable to appeal the Immigration Judge’s order of removal even if you have a form of relief available to you that would allow you to remain in the United States.
To discuss possible representation regarding any of these types of litigation-related matters, or discuss referring cases involving any of these issues, feel free to contact our office to speak directly to one of the partners of the firm.
Memo on Immigration Accountability Executive Actions
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New Immigration Policy For Dream Act Candidates
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Deferred Action Process for Young People (Ages 15 to 30)
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TPS FOR SOMALI NATIONALS EXTENDED BY THE DHS
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