Legal Question in Immigration Law in New Jersey
What do you do when you have an uncle who was born in Panama but has been in the US as a baby 7 months old and the Immigration is trying to deport him? He got into a bit of trouble as a youth but he served his time and the case is closed. About 4 years ago he lost his wife from breast cancer and she lives through her 4 children Shakina Marcel Shelia and Malachi. He also has 2 little ones by his partner now Michael and Christopher 2 and 3. He missed his appeal around the time his wife was dying so now he is being held in a jail as I write you this letter. What would be the best thing for us as a family to do to help my uncle? His family really needs him please help me!
2 Answers from Attorneys
You cannot file anything such as an immigration petition to help your uncle. He probably already has a lawyer or will need to hire one to help him with the removal (deportation) proceedings against him while he's in immigration detention. Since he's been here for a long time and have U.S. citizen children, he may have some defenses in court to cancel the removal, and an experienced lawyer would handle that. The best thing you guys can do is to support him and submit affidavits and testify in immigration court regarding his good moral character.
Larry L. Doan
www.GuruImmigration.com
http://guruimmigration.wordpress.com (blog)
Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on LawGuru which has been screened. If follow-up advice on your specific situation is desired, we offer a paid consultation in person if you are in the Los Angeles area, or by phone or email. Please visit our website www.GuruImmigration.com for more details.
I would need more information regarding your particular case before I can comment on it properly.
From what you are telling me it appears that it's not just one thing your uncle did as a youth for the immigration service to want to deport him now. Your uncle must have re-offended and immigration will hold him and check his past history.
The only thing I can suggest is for your uncle to file an appeal which means he will be able to present his case to an immigration judge.
Was your uncle working when immigration picked him up? How old is he now?
Are his parents still alive? Are they US citizens?
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