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New Jersey Immigration Law Blog

Do immigrants have constitutional protections?

Being charged with a crime is terrifying. For immigrants – especially those who aren’t U.S. citizens — the fear is often compounded by concerns about deportation, immigration status and language barriers. Your situation may feel hopeless, but it’s crucial to remember that the U.S. Constitution extends many legal protections to...

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Who can help their children immigrate?

When parents experience good fortune, they often want to share it with their children. They set aside extra income to support their children’s college dreams in the future. They make personal sacrifices to improve the lives of their children. They may even make drastic changes to their lifestyle to give...

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How does moral turpitude impact immigration?

Crime involving moral turpitude is a term that’s often heard in immigration cases. This term describes offenses that violate accepted standards of honesty and morality. These aren’t just crimes. Instead, they’re viewed as a reflection on the person’s character.  Some examples of crimes involving moral turpitude include assault with intent...

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What are the eligibility requirements for a U visa?

The U visa provides immigration protection for victims of serious crimes who assist law enforcement with investigation or prosecution efforts. Congress created this specific visa category to strengthen the ability of law enforcement agencies to address crimes like domestic violence, sexual assault and human trafficking, recognizing that undocumented victims often...

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¿Una condena penal significa automáticamente que seré deportado?

Para los inmigrantes no ciudadanos en los Estados Unidos, enfrentar una acusación penal puede ser una experiencia aterradora, especialmente cuando existe la posibilidad de deportación. Es importante entender que no todas las condenas penales resultan automáticamente en la deportación, ni siquiera para los que no tienen su residencia permanente. Sin...

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Eyewitness mistakes lead to false convictions 

DNA evidence has been incredibly helpful, not only in solving crimes but also in exonerating those who have been falsely convicted. Hundreds of people have been released from prison after being wrongfully convicted, as DNA evidence has proven their innocence. Interestingly, research into these cases shows that most wrongful convictions...

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What is green card abandonment?

Obtaining a green card is a significant milestone in many immigrants’ immigration journeys. The card gives immigrants legal permanent residency in the United States. This means that individuals have the liberty to reside indefinitely in the country and even find a source of income. However, maintaining a green card requires...

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Misusing prescription drugs can be illegal

People who misuse prescription drugs may perceive them as less dangerous than illicit drugs. If a doctor prescribes them, they assume they are safe to take. Unfortunately, this perception is incorrect. Just like street drugs, these substances have the potential to result in addiction and overdose. In the most concerning...

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Are you eligible for VAWA cancelation of removal?

The Violence Against Women Act (VAWA) provides a lifeline for certain immigrants facing domestic violence. The program allows eligible immigrants to break free from their abusers and seek immigration benefits. One critical form of relief under VAWA is cancellation of removal, which enables eligible individuals in deportation or removal proceedings...

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Will you get deported after an arrest?

If you get arrested, your future could be significantly altered. You may be worried about spending time behind bars. You may be concerned about financial fines. You may worry about losing certain rights or abilities, such as losing your driver’s license. But if you are an immigrant, you may also...

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What is asylum?

People want to build a life in the United States for many different reasons. Some individuals are here because they’re fleeing their home country because they have a well-founded fear of being persecuted. Those individuals may file an asylum petition when they make into the U.S. Asylum is available to...

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Understanding probable cause

While police officers have a host of powers at their disposal they cannot act with impunity. They must not unnecessarily interfere with the liberty of citizens or make unfair arrests.  Before taking certain actions, such as conducting searches or making arrests, police officers must have probable cause. This is an...

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Tips for defensive asylum cases

Unlike affirmative asylum, where the hopeful immigrant takes a proactive approach through the U.S. Citizenship and Immigration Services (USCIS), “defensive” asylum is a direct response to the threat of deportation.  Typically, this means going up against a daunting and complex process before an immigration judge, with the USCIS acting as...

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Implied consent in New Jersey

When you get your driver’s license in New Jersey, you give consent (implied consent) to alcohol testing when the police have reasonable suspicion that you may be driving under the influence (DUI) of alcohol. This means you may lack grounds to refuse to submit to a breathalyzer test. Here is...

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Can you appeal a deportation order?

You may be issued a deportation order or a removal order for various reasons. It could be due to violations of immigration laws, criminal convictions or overstaying a visa. A deportation order requires you to leave the country within a specified period or face detention and removal by immigration authorities....

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What are asylum and temporary protected status?

In U.S. immigration law, two critical mechanisms offer protection to individuals fleeing peril in their home countries: asylum and temporary protected status (TPS). Both provide a lifeline for those facing severe threats but differ fundamentally regarding eligibility and benefits. Asylum is designed for individuals who fear persecution in their home...

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What is crimmigation?

“Crimmigration” is a term that has emerged in recent years to describe the increasingly intertwined areas of criminal law and immigration law. This blend of legal concerns has become more pronounced as the legal and policy landscapes in both fields have evolved, particularly in the United States. Understanding crimmigration requires...

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How can I apply for a U-visa?

The U-visa is a non-immigrant visa that benefits victims of certain crimes who have suffered psychological or physical abuse and don’t mind assisting law enforcement and government officials in the investigation or prosecution of criminal activity. This unique visa opportunity provides protection and benefits to those who might otherwise be...

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How do suspended sentences work?

If you have ever heard a report about a criminal trial on the news, you may have heard the phrase “a suspended sentence.” It means that the person the judge sentenced will never actually serve that sentence, provided they stay on the right side of the law from now on....

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How does VAWA cancelation of removal work?

Navigating the complexities of immigration law can be a daunting task, especially when facing the possibility of removal. Understanding the intricacies of the Violence Against Women Act (VAWA) and its application in the cancellation of removal process is crucial for those seeking relief. The Violence Against Women Act, enacted in...

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DHS extends TPS designation for Cameroon

New Jersey residents who follow international affairs may be aware that an armed conflict has broken out in the African country Cameroon. This is why the Department of Homeland Security granted Cameroon nationals in the United States Temporary Protected Status in June 2022. On Oct. 6, the DHS extended the...

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Abuse victims can access the U visa

Immigrants who have been victims of past abuse can access a special U visa. This visa can help you to legally live and work in New Jersey. This special visa was established by Congress via the Victims of Trafficking and Violence Protection Act. Immigrants from many different nations have since...

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LPR status and sponsor disqualifications

A Green Card sponsor is someone who assists an immigrant in receiving lawful permanent resident (LPR) status in the United States. A sponsor commits to financially supporting those seeking a Green Card in New Jersey or elsewhere. Immigration statutes establish rules and requirements for sponsorship, and there could be instances...

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What to know about the trial penalty

It’s relatively common for prosecutors in New Jersey and elsewhere to offer plea deals in criminal cases. Doing so may help to resolve cases in a timely and affordable manner, which enables authorities to use their limited resources to try cases deemed to be the most important. However, you are...

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Should drugs be decriminalized?

As of January 18, 2022, people convicted of drug charges in New Jersey can have those charges expunged from their record in more ways than previously available. The purpose of the newly passed laws is to decriminalize addiction. P.L.2021, c.403 People found guilty of possession with intent to use drug...

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Can biases in police lineups be avoided?

Research has shown that lineups are superior to show-ups, or the Field Identification Procedure, which comes with countless difficulties in its accuracy. But lineups aren’t free from their own problems, and much of it comes down to the way the police procedure is conducted. If you find yourself on trial...

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A breakdown of DACA recipient demographics

According to reports from December 2021, there are over 600,000 people who are DACA recipients in New Jersey and the rest of the United States. The following demographics were collected by an associate professor of political science at the United States Immigration Policy Center. Age, marital status and country of...

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How to build a good drug defense

In New Jersey, and across the United States, people charged with drug possession may benefit from understanding the charges against them. One common defense involves proving that police illegally searched the defendant’s car, home, or property. These searches are illegal without search warrants. Illegal searches and constitutional rights It is...

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What is assault and battery?

If you watch television news, there’s a good chance you have heard the phrase “assault and battery.” When a New Jersey resident is being charged with such a crime, the nature of the act may not be readily apparent. Furthermore, those two terms have been used interchangeably as though they...

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A basic guide to U visas

A U visa is given to people who are not U.S. citizens or permanent residents and who have been the victims of certain crimes. If you were physically, emotionally or economically harmed by a crime in New Jersey, you might be able to change your immigration status. Understanding a U...

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The problems with bitemark evidence

The field of forensics in New Jersey and around the country has undergone a substantial change in recent decades. A number of previously established practices have been challenged and studied with fresh insight. Many of these practices had led to wrongful convictions and poor police work. One of these areas...

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What are New Jersey’s auto theft laws?

Like other states, New Jersey has laws surrounding the theft of a vehicle. An arrest for this type of crime often carries substantial penalties. Auto theft in New Jersey New Jersey doesn’t have separate laws specifically pertaining to auto theft. Stealing a car falls under the state’s general theft laws....

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Embezzlement charges in New Jersey

Embezzlement ranks as one of the most troubling forms of theft that a company may experience. Actually, both for-profit and nonprofit entities might suffer problems with embezzlement. Unlike more common forms of theft, embezzlement typically involves an inside job where someone appropriates money in violation of their employer’s trust. So,...

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Drunk driving’s effects on employment

New Jersey motorists could face several consequences of driving under the influence. Even when no accident occurs, and the traffic stop and sobriety test conclude without any incidents, drivers may face penalties. That’s true for first offenders, although repeat offenders likely face severe sanctions. Punishments could extend beyond a Garden...

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The affirmative asylum process

The affirmative asylum process allows immigrants to apply for asylum in the United States. There’s a set of specific steps to follow, and affirmative asylum doesn’t help immigrants in the middle of removal proceedings in New Jersey or another state. Applying for asylum An immigrant needs to be physically in...

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Requirements for a self-defense argument

All states, including New Jersey, allow people to protect themselves from physical harm using force. A violent action that may otherwise be considered a crime could be legal if it was an act of self-defense. However, there are specific requirements for a self-defense argument to be successful. Imminent threat In...

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Green cards and criminal history

In New Jersey, green card applicants face a long process to reach this stage of residence in the U.S. For applicants who have a criminal record, the green card application can be harder to accomplish. Being fully honest and forthcoming about any past criminal charges of any kind is essential...

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DWI charges – refusing a breath test

When stopped on suspicion of drunk driving, law enforcement often asks drivers to submit to alcohol breath tests. For the concern of possibly incriminating themselves, some motorists consider refusing such tests. To protect themselves from unnecessary consequences, it behooves drivers to understand the state’s laws regarding breath testing. Do drivers...

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How does a DUI affect your employment?

You have a lot to think about after New Jersey police arrested you for drunk driving. For instance, should you worry about losing your job after your charge? Chron explores how DUIs affect a person’s employment. Determine what steps to take to protect your current job and future employment opportunities....

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What is a theft of services crime?

New Jersey laws address theft in its various forms, from shoplifting and cargo to theft of services. Theft of services requires intent, but the crime may not require that you use the services to obtain a guilty verdict. According to the New Jersey Legislature, theft of services may occur when...

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What is considered self-defense?

If you were under the threat of harm but managed to fight off your assailant, what can you do if the assailant brings assault charges against you? New Jersey permits citizens to use force to protect themselves.  The law does not only protect you but your rights in the defense...

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What is conditional permanent residence?

While the term “permanent residency” does indeed contain the word permanent, there are some situations where permanent residency status is temporary. In fact, many Green Card recipients start their time in the US as a “temporary permanent resident.” If you have conditional permanent residence, this means that you have a...

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Would a plea bargain benefit you?

The term “plea bargain” might sound familiar to you. It holds a crucial place in the justice system. Supporters of plea bargains say that it allows for more options for individuals facing charges. Those who disagree think it is unfair toward either the defendant or the prosecution. Plea bargains hold...

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Compensation for a wrongful conviction

One of the biggest failures of the criminal justice system is the conviction of an innocent person. When this happens, legal entities should take all steps to correct it. However, compensation for a wrongful conviction is severely lacking in the U.S. The Innocence Project explains that not every state offers...

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How the law handles immigrants who commit crimes

Immigrants commit crimes at much lower rates than the general population. This includes illegal aliens. In fact, the vast majority of crimes immigrants face charges for relate to immigration itself. However, there are instances when immigrants face charges of non-immigration crimes. When this happens, will ICE deport them?  It depends....

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Do immigrants commit more crimes?

Over the past few years, several rumors have circled that noncitizens commit more crimes in America. Several news agencies and social scientists even conducted research to see the extent to which the statement proved true or false. Many may not tell you the full story unless you read beyond the...

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The basics of the naturalization process

Wanting to become a citizen of the United States is a common desire. However, the naturalization process is not easy, and many people living in New Jersey may wonder whether they will ever reach this goal. Fortunately, understanding the process could help them work toward obtaining citizenship. First, a person...

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DeCosmo – Picker Announcement

DeCosmo & Rolon is pleased to announce that Anne T. Picker is joining our firm as its new of-counsel attorney. In this position, Anne will enhance the firm’s diverse immigration practice, utilizing her specialized knowledge and years of experience in criminal cases that have immigration consequences. Anne was employed by...

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