Legal Question in Immigration Law in New Jersey
My brother living in NJ has received a letter from a Newark NJ immigration court basically asking for reasons why he should not be deported. He was previously married to a girlfriend who he met in college and then had a falling out with leading to charges of battery and assault against him by her and her some of her friends. In brief, they showed up for the interview, were missing some documents therefore the interview was rescheduled, broke up after and tried to patch things up which never worked, appealed his case using battery as grounds, is now married and living with a citizen wife, just filed again and I believe started the process but has deportation proceeding against him. What are the procedures involved, how does he go about them and what are his chances of beating this. From what I have heard it seems almost impossible to overcome. Any advice welcome.
3 Answers from Attorneys
He needs a lawyer specializing in immigration, YESTERDAY.
It is not clear from your post where your brother is with respect to his court proceedings, when he got married (before or after they began the court proceedings), and what happened with the previous case filed by his first wife. He needs to speak with an immigration attorney to review his entire immigration history, as well as any criminal history. An attorney will be able to determine whether he is eligible for any relief (i.e., whether he can remain in the US) with the court.
Please note that content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.
The immigration service is asking the question (and your brother needs to provide reasons why he should not be deported) because they are looking at the whole history of your brother's file.
It is, therefore, up to your brother to prove that he is not marrying just to stay in the country. This is what the immigration service is asking him to do. You stated that he now has a wife who is a citizen, however, the immigration service file still contains his past history regarding his first wife. This is what they are looking at and will take into consideration when they make their decision.
Your brother will get an immigration hearing before an immigration judge regarding deportation. He can appeal if the judgment is against him.
It is imperative that your brother be honest and tell the truth about what happened in his first marriage because he does not know what immigration may have in his file.
The good thing is that immigration will not just take the word of his first wife on what happened, they will also speak to the police and any other party involved.
If you wish to discuss this in further detail please give us a call at 212-962-1031.
Patricia Martin-Gibbons
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