Empowering Immigrants, Strengthening America
For many South Jersey families, a deportation case starts with a Notice to Appear in the mailbox. DeCosmo Law works with citizens and noncitizens in Camden County. Our team of Camden, NJ immigration defense lawyers looks for the relief that fits your history. How to fight deportation in New Jersey depends on your time here, family ties, and record. Our immigration law practice builds each defense around those facts.
What Happens After You Receive a Notice to Appear?
The notice lists the government’s reasons for removal and tells you where to appear. Camden-area cases are usually heard at the Newark Immigration Court. Detained cases often go to the immigration court at the Elizabeth Detention Center.
An immigration judge, not an ICE officer, decides whether you qualify for relief. A Notice to Appear defense begins with reviewing the notice, as incorrect facts or charges can be challenged.
Which Deportation Defenses Are Most Common?
Deportation defense strategies in Camden vary, and some people qualify for more than one. Common options include:
- Asylum, withholding of removal, or protection under the Convention Against Torture
- Adjustment of status through a family member or employer
- U visas for crime victims or T visas for trafficking survivors
- Violence Against Women Act self-petitions
- Prosecutorial discretion or a motion to terminate the case
Withholding and torture protection have no one-year filing limit, unlike asylum. Prosecutorial discretion allows government attorneys to agree to close or dismiss a case, often for longtime residents.
Who Qualifies for Cancellation of Removal in NJ?
Cancellation of removal in NJ follows federal rules under 8 U.S.C. § 1229b. The requirements depend on your status:
- Green card holders: You need five years as a permanent resident, seven years living here after admission, and no aggravated felony conviction.
- Others: You need 10 years of continuous physical presence, good moral character, and no conviction for certain criminal offenses, such as many drug, firearm, and domestic violence crimes. You must also show that removal would cause exceptional and extremely unusual hardship to a citizen or green card holder spouse, parent, or child.
Only 4,000 people without green cards can receive this relief each year. The 10-year clock usually stops once you are served a Notice to Appear, but a notice missing the hearing date and time may not stop it.
Voluntary Departure as a Last Resort
Voluntary departure allows you to leave at your own expense rather than being ordered removed. Avoiding a removal order can make a future return easier, but it does not erase other bars, such as the 3- or 10-year bars for past unlawful presence. A judge may allow up to 120 days early in the case. Missing that deadline can bring fines and a 10-year bar on certain forms of immigration relief.
Answer Your Notice to Appear With Our Camden, NJ Immigration Defense Lawyer
Each defense listed here comes with its own forms, proof, and filing dates, and the judge expects all of them to be filed on time. Immigration deadlines are strict, so build your defense before your first hearing.
DeCosmo Law’s attorneys have more than 80 years of combined immigration practice. Our bilingual South Jersey immigration attorney team works with you in English or Spanish. Give us a call at (856) 361-2122 or choose a time via our online consultation form.