So you received a denial from DHS/USCIS/Immigration of your application for a visa, greencard, removal of conditions on greencard (I-751; Application on a marriage based case after receiving your 2 year greencard), naturalization/citizenship? What’s next for you? Well, if this question was asked to me a few years ago, I would have likely been comfortable stating that immigration (deportation) enforcement does not directly and/or automatically follow a denial. However, a lot has changed with the Trump administration and it’s immigration policies, particularly it’s immigration enforcement policies. I have seen a tremendous increase in immigration enforcement (immigration arrests/detention/deportation) as a result of the denial of an immigration application case filed with DHS/USCIS/Immigration. It appears now that in many cases, when an immigration application case is denied, the file is sent to immigration enforcement officers, also sometimes known as ICE (Immigration Customs Enforcement). So, I have found that it is at least more prudent, if not absolutely necessary that you contact an immigration attorney after receiving an immigration application case denial. There may be actions available through an experienced immigration attorney which may minimize the chance that your case is sent to immigration enforcement after a denial. It is always advisable to be proactive (meaning don’t wait for something negative to happen to you before speaking to an experienced immigration attorney). Many times there may be options available which may overcome the denial, such as an appeal, motion to reopen and many other avenues. What you never want to do these days is ignore the denial and hope that immigration doesn’t come knocking on your door. At a minimum, take the time out to get concrete information pertaining to your particular case (even after a denial). This may be the difference between you being taken into custody/arrested by immigration and continuing to live with your family.
In today’s climate, immigration enforcement of individuals with criminal convictions is at an all time high. Whether you live in New York City (Brooklyn, Staten Island, Bronx, Manhattan or Queens) or New Jersey, you will see stepped up immigration enforcement. Take no comfort in the fact that immigration (DHS) has not reached out to you for a convictions perhaps 20 years old. All too often, we have clients who enter and or appear at JFK airport where DHS/Immigration discovers/finds a criminal conviction from many years ago. People are often puzzled as to why immigration officials make an issue of this now despite countless travels in and out of the country. As such, if you have a criminal conviction, we strongly recommend that you immediately contact an immigration attorney serving New York City (Brooklyn, Staten Island, Bronx, Manhattan or Queens) and New Jersey. You must be proactive and not wait for immigration to appear at your door. If you do nothing and they come to you, you may possibly be taken into custody and stay in detention. Some detainees may have to stay in custody without bond and wait for an immigration judge to take on your case. Be ready. Be diligent. Contact an experienced immigration attorney.
You filed a case for asylum and you appeared for your asylum interview. Although you seemed optimistic about the results, when you picked up your decision, you found out that your case was transferred to immigration court. When a case is transferred to immigration court, a person receives a Notice to Appear (NTA). DHS will issue a Notice to Appear and if you live within the jurisdiction of the New York City Immigration Court, you will be commanded to appear at the Immigration Court located at 26 Federal Plaza, New York, NY. If you live within the jurisdiction at the Newark Immigration Court, you will be commanded to appear at the Immigration Court located at 970 Broad Street, Newark, NJ. Statistics show that the majority of cases heard by the asylum office in Bethpage, NY or at the asylum office at Lyndhurst, NJ, are transferred to the immigration court. You will have an opportunity to present your asylum case in front of an immigration judge in New York City or an immigration judge in Newark, NJ (if you live within those courts’ jurisdictions). Unlike your experience at the asylum office in the Department of Homeland Security, your experience in immigration court will be entirely different. In the immigration court, immigration court rules will apply. You should find experienced and competent representation through an experienced immigration lawyer serving New York City and/or an immigration lawyer serving Newark, NJ. The decisions you make very early on after receipt of the Notice to Appear will likely be one of the most important decisions in your life. Despite what you have heard out there and despite what you may have heard about the Trump administration’s immigration enforcement, our immigration courts will provide you with a fair opportunity to present your case. Although hiring an experienced immigration lawyer includes financial costs, consider these costs an investment in your future. Make no mistake about it, if proper decisions are not made early on, fixing any mistakes (presuming they are even fixable) will be a lot more costly