Edison, NJ asked in Immigration Law for New Jersey

Q: I got my 2 years green card thru. marriage ( married 2 years now and have a baby). also, motion to reopen was denied.

What should I do next to get my deportation order removed? some advised me to do a joint motion and some advised me to do prosecutorial discreation (I have no criminal records). This is our first marriage for both of us.

What is my best option? Highly appreciated.

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: If your motion to reopen was denied and you have an outstanding deportation order, there are several options you may want to consider:

Joint motion to reopen: If you are still married and your spouse is willing to help you, you may be able to file a joint motion to reopen your case. This will require you to submit evidence showing that your marriage is bona fide, and that you meet all the eligibility requirements for adjustment of status.

Prosecutorial discretion: If you have no criminal history and your case does not involve any national security concerns, you may be able to request prosecutorial discretion from Immigration and Customs Enforcement (ICE). This involves requesting that ICE exercise its discretion to close your case and not pursue deportation.

Deferred Action for Childhood Arrivals (DACA): If you arrived in the United States as a child and meet certain other criteria, you may be eligible for DACA. This program provides temporary protection from deportation and the ability to obtain a work permit.

Voluntary departure: If you are unable to secure any other form of relief, you may be able to request voluntary departure. This would allow you to leave the United States on your own accord, rather than being deported.

It is important to consult with an experienced immigration attorney to evaluate your options and determine the best course of action in your particular circumstances.

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