New Jersey Immigration Law Blog

Expungement is a common tool for those seeking to get a former conviction wiped from their record. But there is a common misconception that once an expungement is granted, the conviction disappears for all legal purposes. While expungement can provide important benefits under state law, immigration law often operates under...

A guilty plea may seem like the fastest way to resolve a criminal case, but for noncitizens facing criminal charges, it’s more than a criminal record that’s on the line. A plea agreement that reduces fines, avoids jail time, or closes a case quickly may still create serious immigration consequences....

Having a criminal record does not automatically prevent someone from obtaining a green card. However, certain offenses can create significant challenges during the immigration process. If you are applying for lawful permanent residence and have a prior arrest, charge, or conviction, it is important to understand how immigration authorities evaluate...

For many immigrants, an arrest or criminal charge creates concerns that go far beyond the criminal court process. A domestic violence allegation can raise questions about your ability to remain in the United States, obtain immigration benefits, or move forward with a pending application. At DeCosmo Law, we can evaluate...

For noncitizens, a criminal charge may create consequences far beyond fines, probation, or jail exposure. Even relatively minor offenses can sometimes affect immigration status, future applications, or the ability to remain in the United States. Immigration consequences are not always obvious from the criminal charges themselves. A plea agreement that...

A green card is one of the most important immigration documents that lawful permanent residents possess. If your card has expired, is damaged, is lost, or contains incorrect information, you may need to renew or replace it through the United States Citizenship and Immigration Services (USCIS). Although lawful permanent resident...

Deportation cases in New Jersey typically take anywhere from several months to several years to resolve. Detained cases often move within a few months, while non-detained cases routinely take 3 to 5 years or longer due to court backlogs. The specific timeline depends on case type, available deportation defense options,...

Yes, having United States citizen family members can open meaningful avenues to fight deportation in New Jersey. Spouses, parents, and adult children who hold citizenship may serve as the foundation for relief through cancellation of removal, adjustment of status, hardship waivers, or other forms of deportation defense available in immigration...

When a visa expiration date is approaching, many immigrants become understandably concerned about what happens next. Depending on your circumstances, you may be able to apply for an extension, change your immigration status, or explore another legal option before your authorized stay ends. At DeCosmo Law, our immigration attorneys help...

Several defenses can stop or pause removal in New Jersey immigration courts. The right deportation defense depends on your immigration history, family ties, criminal record, and the conditions in your home country. DeCosmo Law can review your circumstances and help determine the best defense for your case. Asylum and Withholding...

Waiting for updates on an immigration matter can feel stressful, especially when your future, employment, or family situation may depend on the outcome. Whether you applied for a green card, work permit, visa extension, or citizenship benefit, staying informed about your case status is important. Many immigrants in Camden and...

Filing for asylum in New Jersey can put a deportation case on hold. Once a valid application is submitted, immigration authorities generally cannot carry out removal while it is under review. Asylum protects you when facing persecution in your home country and pursuing it as part of a deportation defense...

Cancellation of removal enables qualified individuals in immigration court to stay in the United States. It can also lead to lawful permanent resident status in some cases. You must meet strict eligibility requirements and convince an immigration judge that your case qualifies under federal law. At DeCosmo Law, we assist...

Derek A. DeCosmo Appeared on NewsNation’s “Cuomo” to Discuss ICE Detention Practices and Due Process Concerns On April 28, 2026, Derek A. DeCosmo, Managing Partner of DeCosmo Law, appeared on “Cuomo,” hosted by Chris Cuomo on NewsNation to discuss a recent immigration case raising serious concerns about due process and...

Deportation and voluntary departure both involve leaving the United States, but they have very different legal consequences. Deportation results in a formal removal order and triggers reentry bars, while voluntary departure allows you to leave without a removal order and may reduce future immigration penalties. If you’re at risk for...

Yes, you may be able to return to the U.S. after being deported, but it depends on the reason for removal and how long you are barred from reentry. Some people can apply to come back after a set period, while others face longer or even permanent bars. If you...

Yes, you can appeal a deportation order in most cases. However, you typically have only 30 days from the immigration judge’s decision to file an appeal. Missing that deadline can lead to losing your right to challenge the order. If you’re facing removal, our New Jersey deportation lawyers at DeCosmo...

To apply for a green card in New Jersey, you must qualify through a specific category, most commonly a family relationship, employment, or humanitarian status, and complete a multi-step process with U.S. Citizenship and Immigration Services (USCIS). At DeCosmo Law, our immigration attorneys in Camden have helped many immigrants through...

A green card gives you lawful permanent resident (LPR) status in the United States, while U.S. citizenship provides full constitutional rights and permanent legal protection. Both allow you to live and work in New Jersey; however, citizenship offers broader rights and stronger long-term security. Immigration decisions have long-term consequences. Whether...

Proposed Ban on Dual Citizenship New Jersey immigration lawyer Derek DeCosmo was recently interviewed by The Washington Examiner on the proposed Exclusive Citizenship Act of 2025, a legislative proposal that would ban dual citizenship for U.S. citizens and raise significant legal and constitutional questions. With millions of Americans eligible for...

Recent changes in how Camden police cooperate with federal immigration authorities have created uncertainty for local residents. If ICE agents or local officers with an immigration detainer take you into custody, your future in the United States hangs in the balance. Being detained means you are at risk for removal....

New Jersey immigration lawyer Derek DeCosmo recently appeared on the New Jersey Criminal Podcast to provide an in-depth legal perspective on today’s immigration system and the challenges facing immigrants throughout New Jersey and beyond. With more than 20 years of experience practicing immigration law, Derek DeCosmo is a respected immigration...

Marriage to an American citizen provides one of the most direct paths to permanent residence. However, filing for a green card based on marriage involves significant risks if you have immigration violations, prior removals, or other complications in your history. At DeCosmo Law, our immigration lawyers evaluate your situation before...

Derek DeCosmo, Founder and Managing Partner of DeCosmo Law, has secured a decisive victory in Federal Court, resulting in the immediate release of an individual who was wrongfully detained despite having committed no crimes. Derek, an experienced Immigration Attorney based in Camden, New Jersey, filed a § 2241 habeas corpus...

Yes, many immigrants do qualify for release after detention in New Jersey. However, the answer depends on who is holding them and why they were detained. Some immigrants can be released through New Jersey’s criminal court system, others may qualify for an immigration bond, and some face mandatory detention unless...

Yes, you can get released when detained in New Jersey, but not with cash bail. Instead, judges decide whether someone stays detained or is released based on risk. If you’re arrested and held, release is still possible, but it depends on how the court evaluates public safety, flight risk, and...

Immigration cases that attorneys in New Jersey handle cover a wide range of matters, from family petitions to asylum applications, criminal appeals, and removal defense. At Decosmo Law, we help clients navigate these processes, ensuring they meet federal and local requirements, deadlines, and eligibility criteria. Whether you’re applying for a...

Immigration lawyers in New Jersey build and defend deportation cases by navigating complex legal channels, gathering evidence, handling appeals and stays, and securing relief that lets individuals remain in the U.S. They serve as guides, advocates, and defenders when your right to stay is threatened. At Decosmo Law, our deportation...

When a young adult leaves home for college, parents often hope the toughest challenges will involve academic stress, making new friends or managing finances. But life sometimes delivers a harsher reality. One of the most unsettling calls a parent can receive is that their college-age son or daughter has been...

If you are an immigrant in New Jersey, you may have seen advertisements for “notarios” or “immigration consultants” who promise fast and easy results. They may claim to help you get a green card, citizenship or another immigration benefit. These services may sound attractive, especially if you want quick answers...

There’s been a lot of troubling and contradictory information coming out of Washington, D.C., federal agencies and the White House regarding the rights of immigrants of all statuses in this country. Whether someone has a temporary visa, legal permanent residency or some other status that allows them to be in...

Crimes of violence are dealt with harshly in New Jersey. If facing assault charges, consider this a direct threat to your future. The consequences of a conviction can ripple through every aspect of your life. You have a chance of successfully defending yourself with strong legal guidance. But first, you...

Prosecutors often rely on physical evidence during a criminal trial. It’s critical that this evidence is obtained legally so that it can be used. If it’s not lawfully seized, it’s often possible to have it suppressed, which means it can’t be used against you. In most cases, police officers need...

Immigration scams and fraud are serious problems that affect many New Jersey residents. Fraudulent individuals or organizations often target immigrants by promising quick fixes to their immigration issues, only to steal money or personal information. Residents should know how to spot these scams and avoid falling into these traps. Check...

Immigrants and migrants facing legal trouble often turn to the internet for quick answers. With artificial intelligence tools now able to generate instant responses, it may seem like an easy way to get legal information. However, when it comes to immigration, criminal defense and so-called “crimmigration” issues, relying on AI...

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...

Economic opportunities, educational prospects, and the chance to live in a society that values freedom and diversity are often among the top reasons to immigrate to the United States. The U.S. government, in managing immigration matters, considers a variety of factors to ensure that individuals entering the country contribute positively...

In the United States, you have many rights. One of these is a right to privacy on your own property. Generally speaking, you always get to decide who is allowed on your property and who is not. This even extends to the police. An officer may come to your door...

Facing criminal charges is always serious, but for immigrants in the United States, the consequences can go far beyond court fines or jail time. A single conviction involving sexual conduct can threaten your legal status, future opportunities and even your ability to remain in the country. Certain offenses, even without...

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...

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...

Police officers sometimes have to question people when they’re investigating a crime. It’s critical that you understand your rights if you’re in this position. Anyone who is in police custody and being questioned should be read their Miranda rights, so this is something you should pay attention to. The Miranda...

La visa-U es una visa de no inmigrante dirigida a las víctimas de ciertos delitos que estén dispuestos a colaborar con las autoridades judiciales de los Estados Unidos. La visa-U les permite a las solicitantes vivir en este país de forma legal y con la posibilidad de solicitar más adelante...

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...

When you apply for a U.S. visa or green card, your criminal record becomes a crucial factor. Crimes involving moral turpitude (CIMT) are offenses that demonstrate depravity and violate society’s moral standards, potentially barring you from entering or remaining in the United States. Understanding which crimes fall into this category...

No one ever plans to flee their home country. However, when your life is threatened by violence, persecution or an oppressive government, leaving may become the only choice left. Asylum offers protection to those who can no longer live safely in their own countries. Qualifying for asylum in the U.S....

To say that it’s been an anxious time for immigrants who aren’t U.S. citizens is an understatement. With all of the frightening headlines, it can be easy to forget about a law signed early in the current administration that is intended to – and likely will – result in more...

Facing criminal charges is scary, especially if you’re an immigrant. You might worry about deportation, family separation or unfair treatment by the justice system. While some of your concerns may be valid, it helps to know that you have rights in criminal court, regardless of your immigration status. Understanding these...

During the course of a criminal investigation, police officers may believe that there is evidence on your phone. They could ask you for your consent to perform a search. After all, your phone is probably locked behind biometric data or a passcode, so they need you to give them access....

Conducir bajo la influencia del alcohol o drogas (DUI) es un delito serio en Nueva Jersey, y sus implicaciones legales pueden ser especialmente severas para los inmigrantes. No solo enfrentan las sanciones habituales, sino también riesgos adicionales relacionados con su estatus migratorio. Consecuencias de una condena por DUI Una condena...

When a foreign-born individual becomes engaged to a U.S. citizen, they need a K-1 nonimmigrant visa, also known as a fiancé(e) visa, to enter the country and get married. If this describes your situation, you need to learn more to avoid mistakes that may affect your eligibility for this visa...

People come to the United States for a multitude of reasons. Some come here temporarily, such as on a student or tourist visa, while others look to make this country their permanent home. There are other groups who wish they could be in their home country, but it has become...

Driving while intoxicated (DWI) offenses are relatively common. Some people refer to such offenses as driving under the influence (DUI) infractions. Regardless of the terminology used, a DWI offense relates to operating a motor vehicle after ingesting too much alcohol. People can get arrested for a DWI because they fail...

The goal of a green card marriage interview is to ensure that the marriage is legitimate. When someone marries a U.S. citizen, they can use that relationship to get a green card and become a permanent resident. But the government wants to ensure that people aren’t trying to defraud the...

When seeking a green card, you are working to become a permanent resident. This is a step above having a visa, which authorizes you to be in the United States for a specific purpose, such as employment, school or tourism. With a green card, you can be a permanent resident...

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...

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...

Some people believe that immigrants are more likely than native U.S. citizens to be arrested for criminal activity. The type of criminal activity they suspect may vary, including accusations of financial crimes, shoplifting, drug use, drunk driving and more. But is this perspective accurate? It is not. Although some individuals...

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...

Murder charges are some of the most serious charges someone can face in New Jersey. The ramifications could be severe, often leading to lengthy jail sentences. For charges like first-degree murder, someone may be given a life sentence, meaning they will never be released. As such, it is crucial for...

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...

El parole humanitario para migrantes cubanos, venezolanos, haitianos y nicaragüenses ha llegado a su fin. El Gobierno estadounidense anunció a principios de octubre que el programa no sería prorrogado, lo cual está dejando en el limbo legal y migratorio a más de medio millón de inmigrantes que llegaron al país...

USCIS has updated its guidelines for T-visas, which help victims of human trafficking stay in the U.S. for up to four years. These changes ensure eligible victims get the help they need more quickly and keep the program trustworthy. What are the updates? Here’s a simple breakdown of the updates:...

If you are an immigrant in the United States, maintaining legal status requires strict adherence to immigration laws and regulations. Breaking these laws can result in deportation, which is the formal removal of an individual from the country. Once an immigration judge gives a deportation order, you might be able...

Under the Controlled Substance Act, substances are classified under schedules. Schedules determine how certain substances can be used based on their medical uses and the risk of how dependent users may become while using a drug. For example, some substances can be widely distributed for consumer use without prescriptions. Other...

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...

Some immigrants don’t have to worry about their employment at all, outside of making ends meet. Maybe you got a visa as a college student so that you could take classes, or maybe you immigrated to the United States to be reunited with family members who were already living here....

The police will sometimes announce that they are planning to set up a field sobriety checkpoint. They may also call it a DUI checkpoint. For these to be legal, the police typically have to tell people when and where the checkpoint is going to be established. You can sometimes find...

Las crisis políticas y sociales obligan a miles de personas a huir de sus hogares. Estados Unidos puede recibir a los migrantes que escapan de sus países de origen en calidad de asilados o refugiados. El asilo está dirigido a los individuos que ya se encuentran en territorio norteamericano y...

The last thing on your mind may be facing criminal charges or being identified as a criminal suspect. However, the reality is that many of those who face charges are caught off guard. In terms of forming a defense strategy, the earlier that you realize you have been identified as...

Naturalization is the process that allows an immigrant to become a citizen. They must undergo a background check and meet a variety of specific criteria to be eligible. Usually, immigrants spend time living as permanent residents in the United States before they apply to become naturalized citizens. The naturalization process...

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...

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...

Una condena penal puede influir significativamente en la capacidad de una persona para traer a su familia a Estados Unidos, pero no todos los delitos son iguales frente a las autoridades. Si busca traer a su cónyuge e hijos, es importante analizar cuáles delitos afectan su solicitud. Cuando un ciudadano...

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...

Every citizen in the United States is given several constitutional rights. These rights can help people if they encounter the police and are afraid of facing an arrest. To learn more about your rights, here are three amendments you should know: Recording the police There is always the possibility that...

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...

Immigrants in the United States must follow many rules. They have to submit paperwork to the United States Citizenship and Immigration Services. They have to undergo a criminal background check at every stage of the immigration process. They also need to avoid major criminal violations while living in the United...

Cuando va a solicitar a un familiar para que venga a Estados Unidos, las autoridades le pedirán que seas capaz de patrocinarlo, es decir, de mantenerlo. Asimismo, querrán saber si usted tiene alguna condena criminal, y esto será uno de los factores con los que se determinará si aceptan su...

The family members most often brought to the U.S. are spouses, children and parents. What about siblings? Sibling relationships can be closer than any other familial bond. That can be especially true when parents are no longer alive or when an older sibling has helped raise a younger one. If...

The topic of immigration has sparked many heated debates, especially when it comes to the role of immigrants in the workforce. Many people fail to understand the necessity for an immigrant workforce.  However, the American Business Immigration Coalition (ABIC), a group of over 4,100 CEOs and employers, recognizes that immigrants...

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...

Una condena penal cambia la vida de cualquier persona. Perder la libertad y ser arrestado trae consigo consecuencias mentales y físicas; además, daña la reputación del acusado. En la mayoría de los casos, los familiares y seres queridos también sufren los estragos de una sentencia. Cuando el acusado no es...

If you are an immigrant in the United States, you may have a right to an Immigration Court hearing before getting deported. This hearing could be the difference between being allowed to stay in the United States and being deported back to your home country. Preparing for an immigration court...

Moving to the United States is a major undertaking. While you may be primarily focused on making sure your immigration paperwork is all set, there are also other things for you to consider. For example, you’ll want to think about the steps you can take to acclimate once you get...

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....

La unión matrimonial es un evento significativo, y cuando involucra a parejas con orígenes de otro país, el proceso legal para vivir juntos en Estados Unidos puede presentar diversos obstáculos para superar. Si usted es ciudadano de los Estados Unidos y está comprometido con una persona que vive en otro...

Criminal cases are typically resolved through a variety of methods, with very few cases proceeding to trial. This stark contrast to the common portrayal in television shows and movies underscores the importance of plea bargains.  One option that some people use is trying to work out a plea deal with...

Have you ever been questioned by a police officer on the street? Maybe they pulled you over while driving. In these situations, you might wonder what justifies the officer’s actions. It all boils down to two key legal concepts: reasonable suspicion and probable cause. Understanding the difference between these is...

If you are an immigrant in the United States facing drunk driving charges, you may be wondering if you will face deportation if found guilty. Well, it depends. There is a possibility you could be deported if convicted, as explained below. Certain offenses, collectively referred to as crimes of moral...

Navigating the complexities of U.S. immigration laws can be complicated for those looking to move to the United States or adjust their status while they’re here. For example, understanding the concept of moral turpitude and its implications on immigration processes is crucial. It’s a concept that reflects an applicant’s moral...

If you get pulled over by the police, the first thing the officer will probably do is ask you a question. For instance, maybe they pulled you over for breaking the speed limit, and they might ask you if you know how fast you were driving. Or they could be...

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...

A green card marriage interview is sometimes conducted when a non-citizen has gotten married to a U.S. citizen. The person who does not have permanent residency status is trying to use their marriage in order to obtain a green card. This is certainly a legal process, but the government may...

“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...

Cualquier persona que ha inmigrado a otro país sabe lo doloroso que es estar lejos de su familia. Aun con el milagro de las videollamadas, no es la misma cosa que tener a sus seres queridos cerca. Quizás usted ha invitado a sus familiares a venir a los Estados Unidos...

If the police get a search warrant, they can use it to enter your home and perform the search. The warrant may specify what type of evidence the police are looking for, and where in the house they are allowed to search. For instance, it may say that they can...

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...

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....

A lot of people would love to live in the United States. Unfortunately for them, the tight limits on numbers mean many will never get that opportunity. Those who get the chance to apply must meet strict conditions, as must those who want to retain their right to stay once...

If you are planning to marry someone who does not currently have the right to live in the U.S., you need a legal way to get them in the country. If you are engaged to be married, you can apply for a K1 visa, also known as a fiancé visa....

Many people leave home and move to the U.S. for work or love. Yet, there may come a time when they miss having their parents around. Bringing their parents to the U.S. could work well – allowing their parents to help with childcare and allowing them to look after their...

If the police stop you on the street, they will probably start asking you questions. You may think you are obligated to answer, but you are not, except for giving your name and address if asked.  Other than that, you can tell the police that you wish to exercise your...

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...

Esta pregunta preocupa a muchas personas que han obtenido la tarjeta verde, un documento que otorga un estatus legal en los Estados Unidos. Aunque la tarjeta verde brinda una sensación de seguridad, es importante entender que este estatus no es inmune a la deportación. Exploraremos algunos aspectos que debe conocer...

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...

If you are an immigrant living in New Jersey considering representing yourself in immigration court, think again. Most immigrants don’t have the knowledge and the language capabilities to plead their cases before immigration judges successfully. Just look at the case of this man from Afghanistan. U.S. immigration system is opaque...

Every year, thousands of drivers in New Jersey experience pretextual traffic stops. In a pretextual traffic stop, the police will pull over a vehicle for an alleged minor offense, such as a missing sticker or driving violation like not signaling properly or rolling a stop sign. Then, once they’ve pulled...

Immigrants who lawfully live in New Jersey may still face temporary detention when they leave the United States and return to resume their lives here. An August 2023 ruling paves the way for the state to extend a contract with CoreCivic, a group of private prisons that detains immigrants while...

In New Jersey, someone who is charged with driving under the influence will be confronted with various legal problems. That includes the possibility of fines, jail and a driver’s license suspension. For a pilot, it can also negatively impact their ability to fly. DUI charges can be problematic for pilots...

There are thousands of visa applications awaiting an interview. To put it in perspective, the federal government estimates that it might take up to 15 years to process just the backlog of family-sponsored visa applications, let alone other types of immigration applications. If you have a family member seeking to...

Immigrating to the U.S. to work in New Jersey is much more complicated if you have a prior criminal record. While not impossible, the process is more difficult because of the severity of restrictions in the United States. The USCIS will want to know every detail of your criminal history....

If you are almost ready for the U.S. Citizenship Oath of Allegiance Ceremony in New Jersey, there are some things you should know in advance. It’s in your best interest to prepare for this ceremony. This will make it so you know what to expect and what will be expected...

Immigration procedures and status within the country can be complex. There are some remedies if things don’t go as an individual expects and they need to apply to stay in the United States for more time. In many instances, they can get visa overstay forgiveness. The definition of visa overstay...

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...

In New Jersey and the rest of the United States, there is no government-imposed restriction on who a US citizen can marry. As long as the couple does the application process properly and the government performs adequate medical and background checks, it may be possible for the foreign spouse to...

In New Jersey and other locales, if you need a replacement or renewal for your expired green card, you must know the process and requirements to get a new card and maintain your U.S. permanent resident status. The following points provide guidance on the information required to work through the...

Los cargos criminales son graves para cualquier persona, pero representan un peligro especial para los que están buscando la naturalización en los Estados Unidos. Hay ciertos crímenes que no solo pueden descalificar a uno por la naturalización, pero también hasta podrían resultar en una acción de deportación. Por suerte, las...

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...

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...

Asylum seekers who plan to relocate to New Jersey will be affected by a new ruling from President Biden. This move marks the second attempt by this administration to expedite asylum screenings. The first occurred in Biden’s first month but was derailed by sharp criticism from his opponents. Now, as...

Your criminal history can make you ineligible to immigrate to the United States on a family and marriage green card. Furthermore, if the person sponsoring you in the United States has a criminal history, they may be prevented from helping you. While it may be tempting not to say anything...

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...

Afrontar la realidad brutal de los cargos penales es un desafío enorme en la vida de cualquier persona. Una condena criminal se queda en el registro penal de alguien, y puede limitar sus oportunidades de trabajo, de educación, de sacar un préstamo del banco, y mucho más. Pero para alguien...

Legal experts in New Jersey and nationwide are raising legal concerns about Customs and Border Protection One. The app allows asylum seekers to submit personal information electronically, reducing the need for face-to-face meetings. It is the only way to apply to become an asylum seeker under Title 42. Asylum seekers...

Every year, police in New Jersey attempt to resolve thousands of cases dealing with crimes. There are numerous tools that help them identify the perpetrators, and the lineup is one that they frequently use. But it’s an open question as to just how reliable the lineup is and whether a...

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...

New Jersey is a state that attracts visitors from around the world. If someone from another country wanted to visit New Jersey, they might do so by obtaining a U.S. travel visa. Unfortunately, applying for this visa type doesn’t mean the U.S. government will approve it. There are several reasons...

People from other countries who wish to start new lives in New Jersey and around the country usually seek permanent residence. Green cards allow them to live and work legally in the United States, but obtaining one can be extremely difficult if they have violated immigration laws in the past....

Todos queremos ahorrar dinero – especialmente en esta economía. Por tanto, cuando hay algo que percibimos que podemos hacer solos, nuestra tendencia es intentarlo sin pagar por asistencia. Pero hay varias razones por qué contratar a un abogado para ayudarle con una multa de tráfico no solo tiene sentido –...

As an immigrant with a criminal record who is living in New Jersey, you may still be eligible to apply for a green card. However, having a record can make the process more complicated. Disqualification for a green card First, determine if your criminal history will make you ineligible for...

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...

A veces las personas se encuentran en una situación muy desesperada en que tienen que huir de su patria para proteger su vida y la de su familia. Estas situaciones se ponen aun más trágicas cuando la persona en cuestión se enfrenta con el proceso complejo y largo de la...

En su ruta habitual al trabajo o en una simple salida puede que la policía le pida detenerse, que muestre sus papeles, y que comience con preguntas un tanto raras. En el proceso, una de las acciones tal vez más intimidantes es que el representante de la ley pida registrar...

If you are a working nonimmigrant based in New Jersey, your stay might be conditional. In that situation, if you’re terminated from your job, you’ll have to find options to remain in the country. These are a few things you can do. Understanding the 60-day grace period There’s a 60-day...

For the average person, settling into a new home in New Jersey brings with it a mix of excitement and stress. When you’re an immigrant hoping to participate in the American dream, it can be a journey that’s fraught with paperwork and rising costs., and unfortunately, that expense may be...

While every immigration journey bringing new residents to New Jersey is different, there is usually a lot of stress involved. Some people may have trauma from events that led them to decide to leave their home country. Then there is the immigration journey and then the integration process as migrants...

Eyewitness testimony makes compelling television drama. Police procedural shows certainly have led people to believe that eyewitness accounts are a flawless way to find the right person. But if you are a suspect, eyewitnesses can be an unreliable way to falsely accuse you of a crime. Fortunately, the law in...

Part of everyday life in New Jersey involves hearing about the continual issue of immigration crimes. It’s hard not to tune it out after a while when it’s such a strongly established norm. And if it’s not something impacting you or your family directly, it becomes all too easy to...

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...

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...

The removal system in the United States refers to actions by an immigration judge that may result in an immigrant being forced to leave the U.S. The term “removal proceedings” replaced the term “deportation.” These proceedings may strongly affect the more than two million immigrants who live in New Jersey....

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...

New Jersey asylum seekers deemed for expedited deportations got a reprieve of sorts from the Biden Administration. Those with a credible fear of emotional or bodily harm if returned to their native countries can now bypass the immigration courts in the early stage of the application process. Instead, their asylum...

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...

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....

One of the homicide crimes residents of New Jersey could face is murder. Second-degree murder is considered an intentional killing without premeditation. These crimes always require the strongest defense possible. How a person could be charged with second-degree murder Second-degree murder is a homicide crime that occurs when a person...

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,...

Una persona que no es ciudadano o residente permanente de los Estados Unidos corre el riesgo de deportación en cualquier momento. Este evento puede ser devastador para alguien que ya estableció familia, amistades, negocios, y más en los Estados Unidos. Por suerte, hay algunas defensas que a veces pueden ayudar...

The White House has recently issued an extension of the Temporary Protection Status (TPS) that has been accorded to some Venezuelans. This affects immigrants from that nation who are currently residing in New Jersey and the rest of the U.S. However, the order is only meant to apply to Venezuelans...

The Petition for Alien Relative (Form I-130) is part of U.S. immigration law. Filing this application with the United States government shows proof of family validity when sponsoring a person or persons entering to live in New Jersey or anywhere else in the country. The Office of the Citizenship and...

Fraud has evolved and changed over the years as technology has progressed. With the advent of the internet and social media, insurance fraud has taken on a whole new meaning. What is insurance fraud? Broadly speaking, insurance fraud is any type of deception committed for the purpose of securing an...

International citizens who meet certain conditions established by US law may present themselves at US ports of entry to apply for asylum. US law grants rights to those who fear persecution or harm in their respective countries and offers them the ability to seek refuge in this country. Accepting the...

Throughout New Jersey and the rest of the nation, many undocumented immigrants live in fear of deportation. Unfortunately, these fears became real for a large group of undocumented immigrants after being arrested without the officer having a warrant. Now, a new measure is in place that will limit what federal...

People who seek asylum in the United States may be able to access certain key benefits. These may include the right to settle, live, and work in any of its states, including New Jersey. You may be eligible to remain in the U.S. due to religious, gender, racial, or other...

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...

El objetivo principal de quienes están en un proceso penal es evitar la condena o recibir las menores penalizaciones posibles. Por ello, muchas personas se ven tentadas a aceptar un acuerdo de culpabilidad, el cual consiste en que una persona se declare culpable a cambio de un cargo menor al...

The flow of immigrants to the United States has been blocked in recent years. This includes science experts who wish to work in New Jersey. As a result, many national security officers have urged for easing of these strict regulations. The more people that get STEM green cards, the better...

Although many laws exist to reduce the chances of collisions on New Jersey roads, accidents happen with an unfortunate frequency level. New laws may intend to increase public safety, and responsible drivers might have just their behavior and adhere to the new rules. The arrival of the new Safe Passing...

Criminal mischief is a common crime in New Jersey. You should know what it means and how you could be charged with it. What is criminal mischief? Criminal mischief is a crime that involves property destruction or damage. There are varying levels of the offense, but if a person is...

Si usted no es ciudadano de los Estados Unidos, es importante saber qué tipo de cosas pueden tener un efecto negativo en su habilidad de permanecer legalmente en el país. Algunos crimines le pueden descalificar inmediatamente por la ciudadanía e incluso la residencia, mientras que otros no. ¿Qué efecto tendrá...

The most recent data shows that more than half of all legal immigrants in the U.S. obtained their permanent residence through family-based immigration. Current immigration law states that it is possible for a lawful permanent resident, or LPR, as well as U.S. citizens in New Jersey to provide sponsorship for...

A Trade NAFTA (TN) visa is a non-immigrant employment visa for Mexican and Canadian professionals employed in certain professions who wish to work in New Jersey and other US states. The professions include lawyer, research doctor, dentist and engineer, among other skilled positions. It is a straightforward US work authorization...

The number of undocumented immigrants in the U.S. is at the level it was in 2004. Mexican nationals aren’t the majority of the undocumented immigrant population in New Jersey and other states; many undocumented immigrants come from Central America and Asia. The size of the undocumented immigration population The size...

New Jersey is a state with a variety of global cultures. Many come from around the world to seek the American dream. Although this is the land of opportunity, some sacrifices such as leaving loved ones in the home country are made. Fiancée visas help families remain together in the...

New Jersey is host to many immigrant cultures, and not all those people are in the country legally. Congress is still hammering out bills to deal with immigration laws, but the problem is not close to a resolution. Immigration and Customs Enforcement (ICE) can request local law enforcement to hold...

Comúnmente se piensa que después de una condena no hay nada que se pueda hacer por el condenado. Sin embargo, existen varias situaciones en las que una persona puede continuar luchando por su libertad aunque el juez ya haya dictado su sentencia. Los condenados de Nueva Jersey que cumplan con...

Residents of Camden and other parts of New Jersey may want to learn more about the consequences of a criminal conviction and how it may affect immigration status. Criminal convictions, even for a non-immigrant, carry such issues as preventing employment, social services or housing. However, for immigrants or permanent residents,...

It’s common for immigrants in New Jersey who are targeted for deportation to have no legal representation. In such an event, immigrants that have strong cases for asylum or residency could end up being sent back to their home countries without a fair trial. No Sixth Amendment rights The Sixth...

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...

Getting charged with a criminal offense is particularly intimidating when you have limited defense options. The prosecution might include criminal evidence in the form of software, which can be difficult to refute. The good news is that you can challenge digital evidence and boost your chances of getting a desirable...

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...

Asylum seekers relocating to New Jersey must work through a legal process to gain residency. Throughout this process, beginning with the first interactions with the government, asylum seekers have the legal responsibility to furnish fully accurate information at all stages of their application. Here is everything you should know about...

Lawful permanent residents, sometimes referred to as green card holders or LPRs, may wish to apply for United States citizenship. Rules exist for New Jersey residents who are interested in naturalized citizenship, including residency requirements. Those who owe back taxes might need to settle their obligations or face a possible...

Enfrentar cargos de violencia doméstica va mucho más allá de lo personal. A la claramente dañada relación familiar, se pueden sumar aun más desafíos en otros aspectos como financiero, laboral y migratorio. Para que exista violencia doméstica según lo definido por la Ley de Prevención de la Violencia Doméstica (enlace...

If you are facing assault charges – or other criminal charges – you have likely tried to figure out how much jail time you could end up doing if the court convicts you. If so, it is important to take aggravating factors into account. If they are present, it could...

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...

Have you ever considered the possibility of immigration fraud? If not, then it’s important to know what to look out for in order to avoid legal issues. Lookout for fee requests United States Citizenship and Immigration Services has an official fee schedule. If someone asks you to pay more than...

When growing up, you likely often hear the idea that if you are innocent, you should have nothing to hide. Unfortunately, when it comes to police, you should always remain on your guard for your own safety. This means knowing your rights when an officer comes to your door. How...

Este interrogante viene con pros y contras, como toda decisión importante. Usted es el único que puede encontrar la respuesta, pero a continuación encontrará herramientas para ello. La pregunta puede venir acompañada de otros planteos, cómo sentir que usted puede estar renunciando a su identidad o renegando de su pasado....

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...

Individuals from other countries who come to New Jersey and wish to stay will have to obtain a visa. If you are a victim of a crime in your home country, the U non-immigrant visa could be available for you. What are eligibility requirements for the U non-immigrant visa? If...

Going through the naturalization process in New Jersey is generally not quick nor straightforward. The government has a broad set of requirements that you must meet before becoming a United States citizen. According to the United States Citizenship and Immigration Services, you have good moral character if you meet the average...

Every year, people flee to the U.S. for fear of persecution, same as you. If you wish to stay in the U.S., you have to apply for asylum, but you may remain permanently when granted. If you have an upcoming asylum interview, you likely have a lot of anxiety and...

Las relaciones a la distancia son difíciles para todos los miembros de la familia, pero existen recursos para traer a familiares a EE.UU. en ciertos casos. El gobierno estadounidense provee una serie de visas para aquellos residentes permanentes legales y ciudadanos que quieran ser espónsor para sus familiares dependiendo de...

Technically, assault and battery are two separate crimes. In general, assault requires your intention to harm someone else, whether or not you actually do. Battery, on the other hand, requires only an offensive touching, whether or not you intended to cause the other person harm. FindLaw explains that New Jersey...

If you are not a citizen of the United States, you may believe that the U.S. Constitution does not apply to you. Perhaps you have heard people who are citizens tell you so. The truth is a bit more complex. In matters specifically related to immigration, the law applies differently....

The new ruling by SCOTUS stops police officers from entering your New Jersey property without a warrant even when they are in hot pursuit. However, there are some exceptions to this rule; for instance, if the crime is a felony, police officers could conduct a warrantless search. Read on to...

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....

On February 22, 2021, Governor Phil Murphy decriminalized the use and possession of marijuana in small amounts. Individuals at least 21 years old may legally use marijuana under the New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act.  As reported by Newsweek, Garden State residents may possess up to six...

Immigrants, whether they hold a visa or a green card, must follow the laws of the country or risk deportation. Unfortunately, some of the crimes that can result in deportation may be minor. Immigration law can be difficult to understand, as it includes both federal and state laws. Understanding what...

Despite your arrest at the hands of New Jersey police, you still desire to earn a degree. Could your drug charge become a roadblock to qualifying for student loans? U.S. News & World Report offers tips for navigating financial aid applications with a drug conviction on your record. Learn where...

If you or a family member in New Jersey is facing deportation, which is also known as removal, you might wonder if there is any way to prevent this from happening. In fact, there are a number of different avenues that might allow you or your relative to remain in...

When you live in New Jersey or another part of the United States as a non-citizen, you need to take extra care when it comes to how you conduct yourself. Certain types of legal trouble, such as drug violations, have the potential to lead to detention or even deportation. If...

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...

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...

Immigration reform and discussions remain a contentious topic in the U.S. One thing that many companies agree on, though, is the need for a fresh pool of talent to keep businesses thriving. This holds true for many sectors of the economy. The importance of global talent Forbes writes about the...

Establishing your right to remain in New Jersey through a plea of political asylum can be tricky, requiring applicants to follow strict rules. However, life can get in the way of attending a scheduled asylum hearing. Rescheduling one can be allowed if you establish good cause. Explaining good cause When...

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...

Children may be excited about life in a new country or they may be afraid or homesick. It is worthwhile to remember that children have little choice in where they move. They may need extra time to adapt to the adults in your family. Local explains that children have to...

Whether you are an immigrant falsely accused of an offense or you are facing charges over a one-off mistake, you need to prepare for court and understand the potential impact of the case in terms of your ability to stay in the U.S. Every year, tens of thousands of immigrants...

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...

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...

A police pursuit in New Jersey on the evening of Jan. 2 led to eluding charges for a 23-year-old Toms River man and a drunk driving count for a New York resident who happened across the scene. The sequence of events began at about 8:16 p.m. on the eastbound lanes...

If you’re the family member of a legal citizen in the United States, you might be eligible to apply for a green card. A green card allows you to become a lawful permanent resident of the United States. However, you’ll have to meet certain qualifications before you’re allowed to apply....

If you are engaged to someone who is not a U.S. citizen, you likely have a number of questions. When it comes to family immigration, many people understand the possibility of bringing a foreign spouse or child to the U.S. through an immigrant visa. However, some people are unsure whether...

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....

As an immigrant to the U.S., you are often under specific rules telling you how long you can stay in the country and when you must return to your home country or at least leave the U.S.  In some situations, it is possible for you to stay in the U.S....

There are many reasons to seek asylum in the United States. There are also many reasons that the United States may grant an immigrant asylum. Not every option works for every immigrant, and not every immigrant shares the same circumstances. But if you are a battered woman seeking refuge from...

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...

America provides several pathways for foreigners to become residents or citizens. One common pathway the wealthy take is to pursue an investor visa and buy their way into U.S. residency or citizenship. This pathway injects money into the economy and even adds more jobs. According to USCIS, entrepreneurs need to...

Living in the United States is something many people dream of achieving. If you were born a citizen or have come to the United States, you are probably proud of your status. It is natural and admirable to want to extend that same opportunity to the people you love. Getting...

In Camden, there are many crimes that take place. It’s important for you, and anyone else who is accused of a crime, to know that you have a right to defend yourself. There are many reasons that people commit crimes or are accused of them, and it’s worth the time...

While it’s true that anyone can get a DUI at any age, it is interesting to consider how someone’s age may impact the likelihood that they will be arrested. Since college students have a reputation for drinking at school, it stands to reason that they may drink and drive more...

If the New Jersey police stop you and ask you to take a Breathalyzer test, you can be penalized for refusing. If you agree and fail the test, you may assume you have to accept the charges, even if you believe you are under the limit. However, this is not...

You get a knock on your door and there’s a detective there asking if you’ll come down to the station to talk with them. “It’s no big deal,” the detective says, “You aren’t in any trouble. We’re just trying to get some more information, and we think you can help.”...

When you find yourself operating a motor vehicle, it’s critical that you always follow the rules of the road. This is easier said than done, but it’s imperative from both a safety and personal perspective. Even a seemingly harmless traffic violation has the potential to change your life. For example,...

For many people who enter the United States as immigrants, the primary goal is to eventually secure their Permanent Resident Card – commonly known as a “green card.” This card can provide immigrants with the right to stay in the U.S. legally for the rest of their lives. If you...

Becoming a citizen is a very complex process that takes a lot of time. Securing permanent resident status or a Green Card is also difficult. However, it may be a better option for some people who would like to stay in the United States indefinitely. If you have already received...

A person who wants to come into the United States with their family members must go through a complex process of applying for the proper documentation. Some individuals don’t realize just how difficult some of these laws are.to work through. Many laws, guidelines and directives change often, which makes it...

One of the major reasons that people cite for wanting to immigrate to the United States is that they want to create a better life for their children. This can mean a lot of things, but it often involves giving them educational opportunities they would not have had elsewhere.  For...

Most immigrants in the United States are in a somewhat precarious position. It only takes one mistake to potentially end their eligibility for permanent resident status, to impact their visa or to initiate deportation proceedings. The courts have the ability to interpret any criminal charges broadly to determine if it...

Addiction goes beyond choice. It is not something that reflects poor choices that the person just continues to make, as many on the outside tend to assume. It goes much deeper than that. In reality, experts refer to addiction as a medical condition, as a brain disease. It may have...

Just like the name implies, “simple assault” is the simplest and most basic of the possible assault charges in New Jersey. You could be charged with simple assault for allegedly engaging in any of a variety of different menacing behaviors. Thus — especially if you’ve engaged in flying fists or...

You get a lot of time to think when sitting in a police cell. You think of your mother back home, who relies on the money you wire each month. You remember how proud she was when you told her you were going to live in the United States and...

As a whole, crime has dropped off drastically in New Jersey. Because many businesses are closed and people are staying home, there’s probably fewer opportunities for people to get into trouble. That’s caused a 65% drop-off in arrests below the norm. Even shootings have dropped 19%. Here’s the bad news:...

What happens to your children if you’re detained by Immigration and Customs Enforcement (ICE)? What happens if you’re deported? These are among the most valid worries that an undocumented immigrant with children can face in this country. An arrest can come without warning, and you can’t count on ICE agents...

The last thing you expected when you woke up this morning was to find the police pounding on your door. Now there’s a detective or an agent from Immigration and Customs Enforcement (ICE) with a set of armed, uniformed officers standing nearby. They ask to “look around” your place as...

Even with strict laws in place, driving under the influence remains a concern among law enforcement officers from one side of the country to the next. And that’s why they’re more in tune than ever before with catching those who violate the law. If you’re pulled over for suspicion of...

They say absence makes the heart grow fonder. So, what happens when you spend every second of your day together? Does your heart get less fond of someone? Does their heart get less fond of you? Domestic violence accusations are on the rise, according to recent reports. Spending a lot...

When you decided to go out with your friends for the evening, you didn’t intend to break the law. You thought you’d have a nice night out, and then you’d go home without incident. One of your friends thought it would be a good idea to try some MDMA while...

Parents often worry that their teens will commit crimes, especially because they, as adults, understand just how much these young people have to lose. They know what type of impact a criminal charge can have on their future. It clearly may impact their freedom, but it can also impact education...

United States Immigration and Customs Enforcement (ICE) officers claim that they’re conducting courthouse arrests — many of them without judicial warrants — to protect Americans from dangerous foreign nationals. But what’s so dangerous about an immigrant caught driving without a license or someone who made an ordinary traffic mistake and...

An opioid is a type of drug found naturally in a poppy plant. Prescription opioids can be constructed inside a lab using the same chemical structure found in the natural plant. Or they can be manufactured directly from the poppy plant itself. Examples of prescription opioids include oxycodone, morphine, fentanyl,...

A common argument among those who want to limit immigration, both legal and illegal, in the United States is that “immigrants take American jobs.” At worst, the claim is false; at best, it’s a gross simplification of the facts. As with most things in life, the real situation is much...

Immigration is an incredibly expensive process. Whether you are someone who legally works as a migrant farmhand, following crops around the country or you want to apply for a visa related to a skilled position with a company, your current financial circumstances can play a role in the success of...

If you’re interested in the link between immigration and crime, you may assume from popular news sources that immigrants are more likely to commit crimes. In reality, the opposite is true. Multiple studies have found that immigrants tend to commit fewer crimes than people who are born in the United...

Most people are at least somewhat aware of the fact that the United States government allows for direct family members of citizens to seek a visa of their own and enter the United States. However, the actual details of this program confuse many people. In order to qualify, you will...

The science of drug abuse and alcoholism is clear: Addiction is a disease, not a moral failing. Many victims of addiction start down that road because they get hooked on painkillers after an accident or during a course of treatment for some kind of chronic illness. Others use drugs or...

You may think that a traffic violation is no big deal. After all, people get stopped for speeding, running red lights or missing stop signs fairly often. The reality is, though, that violating traffic laws can have an impact on your life. There are fines, and you may have points...

There are very valid reasons that the United States has such strict rules in place regarding who can enter and live in the country. The government has a vested interest in protecting its citizens, which means preventing the immigration of dangerous people, terrorists and criminals. Typically, before entering the United...

If you fear for your life in your country, the one thing you’ll try to do is to stay out of it. The United States does have a process for asylum to help people who feel threatened or who are in danger in their home countries. As a refugee, it’s...

Imagine this: You’ve lived in the United States for months or years on an expired visa, but you’ve worked hard, led a good life and been a responsible person. You have family, friends, a career and a community here. You eventually decide that you don’t want to live with the...

Moving to a new country can be difficult for anyone. Though numerous immigrants may feel that they can build better lives in New Jersey and other parts of the United States, the transition can still be difficult. Their lives may only become more complicated if they end up under arrest...

You’re in the United States on a work visa. It’s all legal. One evening, you go out drinking with some of your friends from work. You have a bit too much to drink before you drive home. The police pull you over and arrest you on DWI charges. You do...

Facing any type of accusation can make a person feel defensive. If the accusations come as formal criminal charges, being defensive is often the right course of action. In fact, many cases hinge on accused parties’ criminal defense presentations against evidence provided by the prosecution. One man in New Jersey is...

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...

A decision by the U.S. Supreme Court surprised many observers last year. It came from an unusual team of justices, made up of a one generally seen as conservative along with four generally seen as liberal. It was also noticed by many immigrants to the United States and their attorneys. Thanks...

For some people, getting pulled over by police can initiate a fight or flight response. Though this response is instinctual in many stressful situations, fighting or fleeing from police often creates more problems than solutions. In fact, additional criminal charges could result. It was recently reported that two individuals in...

If you get accused of a crime, the charges against you may hinge on the testimony of one key witness. This person may claim that they were at the scene and witnessed the event in question. For this example, it doesn’t actually matter what you have been accused of. Almost...

It is common for U.S. citizens to have children outside of the country. This may be particularly true for military members and other federal personnel stationed abroad. Usually, when these children are born, they are still considered as residing in the United States. However, New Jersey readers may be interested...

For some people, a simple traffic stop can quickly go downhill. If authorities believe that other suspect activity is taking place in addition to the reason for the stop, a person could end up facing serious allegations. If so, rather than driving away with a ticket, a driver may need...

The details of any given criminal case could make it more complicated. For instance, if a person is an immigrant believed to be in the country illegally, his or her status could also play a role in the criminal outcomes of the case. As a result, someone facing this type...

Many New Jersey residents hope to find love at some point in their lives. For some, they may reach this desired milestone but not in the way they expected. Some individuals fall in love and marry people they met in other countries. As a result, immigration steps must be taken...

Young people may have the wrong idea that their actions will not have lasting consequences. Unfortunately, this idea could land them in significant legal trouble if a night out of raucous activity involves breaking the law. In fact, individuals charged with crimes may find themselves planning their criminal defense presentations...

Any type of criminal case can have its complications. When the accused person is also an immigrant in the United States, the case can have even more serious implications. In some instances, a person could be at risk for deportation if a conviction for allegations comes against him or her....

There are few things scarier for an immigrant than facing deportation. It is hard to imagine how difficult it would be to return to your native country after building a new life in the United States. The best way to avoid this situation becoming a reality is to stay out...

Individuals may come to New Jersey and other parts of the United States for professional reasons. However, coming to the country to work does not offer additional protection from possible immigration issues if a person is accused of a crime. Of course, each case is different, and if a person...

To many in New Jersey, across the United States and even outside the country, it can seem as if certain parts of the law are constantly up for debate. Currently, immigration is certainly at the center of many debates, and additional proposals regarding changes continue to be announced. One such...

A DUI conviction is costly, disruptive and embarrassing for most working professionals. According to New Jersey law, you will be cited for a DUI if your blood alcohol content (BAC) is greater than 0.08. If you’ve climbed behind the wheel when you were not legally sober to operate a vehicle,...

When a person is accused of committing a crime, he or she may have a long legal case ahead. Though an arrest does not necessarily mean that formal charges will result, the accused will need to take his or her case seriously if formally charged. Typically, one of the first steps...

New Jersey is home to many immigrants, some who have only recently arrived in the United States and others who have been living here for decades. The immigration and naturalization system can be quite complex. Therefore, it is not uncommon for legal obstacles to arise in either case, regardless of...

For reasons often known only to them, some individuals get a taste for breaking the rules. As a result, they may carry out actions or behave in certain ways that could get them in serious trouble if the law catches up to them. Though they may think that they can...

When an immigrant is charged with a crime, a number of concerns could arise that others do not have to face when in the same predicament. When a person is facing a criminal and immigration law issue, it is wise to have professional help. Any misstep could have lasting repercussions....

The Supreme Court today ruled 5-4 in favor of the Trump administration’s policy of detaining immigrants for an indefinite period of time who are waiting to be deported from the United States. In some cases many of these immigrants are held in immigration custody for several years even after they...

Partner, Derek DeCosmo, visits St. Joseph Pro Cathedral in Camden, NJ to discuss the impact of New Jersey’s “Immigrant Trust Directive” that went into full effect on March 15, 2019. The directive issued by New Jersey’s Attorney General places restrictions on local restriction on when and how the cooperate with...

Partner, Derek DeCosmo, argued an important issue before the U.S. Third Circuit Court of Appeals that will have a major impact on lawful permanent residents who have previously been convicted of a drug offense. Mr. DeCosmo argued that a conviction in New Jersey for possession of CDS with intent to...

Partner, Derek DeCosmo, comments on the Joe Guidice case in a NJ.com article: https://www.nj.com/entertainment/2019/03/joe-giudice-of-rhonj-finishing-prison-sentence-but-he-wont-be-going-home-to-his-daughters.html

Click here to read the full story on NJ.com.

Individuals who have come to live in the United States from other countries often have more concerns than people who were born in New Jersey and other parts of the country. In particular, if an immigrant is accused of a crime, he or she faces a serious ordeal. Not only...

When a person carries out a rash action, it is possible that criminal charges could result, even if the situation does not seem that serious. If the person charged is also an immigrant in New Jersey or other parts of the United States, it is possible for his or her...

People’s actions can sometimes be difficult to understand. Those actions may seem random or uncharacteristic, and if they are violent, they can lead to serious criminal charges. In such cases, authorities will undoubtedly investigate, and an accused person will certainly want to gain information on criminal defense options. One man...

Many people’s journeys to better lives have a number of difficult aspects to them. Individuals looking to build those lives in the United States can face many roadblocks along the way, including immigration detention. While detainment does not mean their journeys are coming to an end, it could mean that...

Deportation is a reality for many immigrants in America. Most families are striving for greater opportunities and overall quality of life in the land of the free. However, there’s often a ripple effect of negative consequences when a loved one is deported out of the country. Perhaps your loved one...

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...

Many people worry about immigrants in the United States committing crimes, and the immigrants themselves often worry about the repercussions they may face if charged with a crime. Certainly, their immigration status could be negatively affected, and it is important to handle matters of crimmigration in New Jersey seriously. It is...

Most people get into serious disagreements at some point in their lives. These disagreements can sometimes lead to shouting or physical contact, and some incidents may escalate further. If a dispute ends in a fatality, a murder charge could result, and the accused party will undoubtedly need a strong criminal...

Immigration issues continue to make headlines in New Jersey and across the country. Many people trying to enter the United States by seeking asylum are facing detention and numerous other difficulties along the way. Their situations may only get more challenging as the presidential administration continues efforts to add asylum restrictions....

When a car accident results in a death, it is not unusual for criminal charges to result. If authorities believe that the driver considered at fault was under the influence of alcohol at the time of the incident, it is even more likely for that driver to face charges. After...

If you have been following the news lately, you may have seen a New York Times article about a woman who was jailed for months after police misidentified her cotton candy for drugs. How is this possible? Unfortunately, it happens all the time, and is not limited to drug identification....

This question is one in the middle of a heated debate, particularly on the East Coast. There, a current case is working its way through the court systems. The state convicted a man of many assault and harassment crimes. His charges were misdemeanor offenses, but due to his immigration status...