Immigration Lawyers In New Jersey Prepare To Use Obama’s Executive Actions To Prevent Their Client’s Deportation

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.

In Absentia Orders of Removal

Sometimes, an individual who enters the country unlawfully or overstays their visa is placed in a removal proceeding without their knowledge.  In cases where an alien in removal proceedings does not attend his hearing in Immigration Court, a judge can issue an order removing that person from the country (this is known as an in absentia order of removal).  Unfortunately, lack of knowledge of one’s own removal proceeding is sometimes insufficient as a defense to removal.  This blog article explores what is to be done if ordered removed in absentia.  

This article is only a summery and it is advisable to consult with an immigration lawyer in NYC if you are looking to reopen your case in that jurisdiction.   

How does one revoke an order that was issued in absentia?

If an individual has been ordered removed without his knowledge then one must file a motion to reopen to rescind that order.  

What does one need to show to successfully reopen their case? 

In order to reopen a removal order issued in absentia, one must demonstrate that he or she was not served with a notice to appear stating the date, time and location of the removal proceeding.  In such circumstances, the alien should request proof that the government served the respondent at the proper address.  If such proof is not provided, or if the alien show that the notice was sent to the wrong address, then a meritorious claim for a motion to reopen exists.     

If I am about to be deported what happens if I file a motion to reopen?

When a motion to reopen an in absentia order is made, the order of deportation is automatically stayed.  In other words, the order is paused until the court makes a decision on the motion to reopen.  If the date you have to leave the country is fast approaching, then you must hire an experienced immigration appeals attorney in NYC to immediately file your motion.  

For more information click here: http://www.sethimaz.com/waivers-lawyer.htm