Legal Question in Immigration Law in New Jersey

Voluntary Deportation...

My 24 yr old cousin came to the US from El Salvador illegally by crossing the border 4yrs ago. She only came to work for her mother and siblings who are very poor. She has been invisible to USA by working only cash jobs. 2yrs ago an ex-coworker of mine said he had a connection for puerto rican papers. Which included birth certificate and ssn card. She went to Pennsylvania and got a state ID with no problem. She has been working a job with that name for those 2 yrs. She moved to NJ a month ago. And she went to a NJ DMV to change her ID from PA to NJ last Thursday. Needless to say, she got arrested and is now in custody of the county jail. She has a jail bond of $10,000 and 10% gets her out, but ICE has a detainer on her so I have not paid it. Is it possible that if she voluntarily wants to leave and there is some way to prove that she has never been involved in any serious crimes other than her using PR papers can she go home. Her court date is 3 months from now. I believe her charge is something like her trying to be someone else, i dont know they said its a federal offense. But our family and even she wants to just go home. She only did it because of economic reasons but she rather go home now. Any info can help, thanks.


Asked on 5/11/09, 1:03 pm

1 Answer from Attorneys
Antoinette Wooten The Wooten Legal Consulting, PC

Re: Voluntary Deportation...

I would need more information regarding your case before I can comment on it properly.

However, since your cousin is in custody she has the right to be represented by counsel (a criminal defense attorney).

Please also note that the government has the discretion to detain a non-citizen during the removal proceedings.

The reason why the government is holding your cousin is, from what you have explained, her case is not only an immigration matter but also a criminal case involving fraud. The fraud exist because she was using various documents that were not hers.

Antoinette M. Wooten, Esq.,

Belleville, NJ

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Answered on 5/11/09, 4:16 pm


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