Recently, President Obama announced many prospective changes on immigration policy in the United States, particularly as it relates to those who are in removal. Both the expansion of DACA and the provisional waiver programs can be used to terminate an alien’s removal proceeding. Now, immigration lawyers in NJ have additional tools to prevent the deportation of their clients who have proceedings in Newark Immigration Court.
How Can DACA be used to Terminate a Removal Proceeding?
President Obama proposed to enlarge the first deferred action program, extending the physical presence requirement to January 1, 2010 and making individuals of all age groups eligible. He also announced a second program whereby aliens who have USC and LPR children in the US and who also have been in the United States since January 1, 2010, can be eligible to terminate their removal proceeding provided their children were born before November 20, 2014.
Aliens who qualify for DACA and are in removal proceedings should submit a complete DACA application immediately. If an alien has a final individual hearing scheduled, after a receipt for the DACA application has been received that alien should immediately apply for a continuance so that the DACA application may be decided. If DACA is granted, the alien should immediately make a motion to terminate his or her case.
How Can a Provisional Waiver be used to Terminate a Removal Proceeding?
An alien may not apply for a provisional waiver lawyer if they are in removal proceedings. However, the alien can seek an administrative closure or termination so that the provisional waiver application can be decided. This may require establishing facial eligibility in immigration court. However, it important to note that termination should be received before leaving the United States and reentering on a visa.
To find out more about how Obama’s changes could affect you, call the Law Firm of Sethi & Mazaheri at 646-405-9846 or e-mail us at sethi@sethimaz.com.
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