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Immigration

New Jersey Immigration Attorney

Immigration law is a complicated matter. When combined with family, domestic abuse, persecution or criminal issues, it becomes even more complex. Immigrants presently in this country illegally, with or without criminal backgrounds, have cause to be worried about being detained or deported. Immigration and Customs Enforcement (ICE), is presently aggressively pursuing immigration offenses. If you are facing a troubling immigration issue, it is essential for you to consult with a well-informed, highly skilled immigration attorney.

The Law Office of Michele Alcalde in Red Bank, New Jersey, is the place to come for competent, caring assistance. We have the knowledge and skills to balance the scales of justice and protect you and your loved ones.

Criminal and Non-Criminal Immigration Cases

Michele Alcalde specializes in giving guidance concerning all detention-related cases, whether they are tied to criminality or not. She is a sharp immigration attorney with 18 years of experience in the field. If your loved one is being held in a detention center in New Jersey — in Elizabeth, Newark, Kearny or elsewhere — Michele is available to advocate for you, whether or not the detainee committed a criminal offense.

Crimmigration Matters

The Law Office of Michele Alcalde has successfully handled cases for non-citizens involving crimes (crimmigration), such as:

  • Driving offenses (DWI, DUI, or Driving While Suspended or Revoked)
  • Traffic offenses, such as leaving the scene of an accident
  • Drug possession
  • Shoplifting
  • Theft
  • Simple assault
  • Domestic violence
  • Harassment, Criminal Trespass or Criminal Mischief

If you have been arrested for one of the above offenses and need to be defended not only from criminal charges, but from detention or deportation, get in touch with us promptly. The sooner Michele Alcalde takes over your legal representation, the sooner you will begin to relax, knowing you are in responsible hands.

Other Immigration Matters

The Law Office of Michele Alcalde also has a sound track record of assisting clients with a broad range of other immigration matters, including:

  • Adjustment of Status — A process for applying for lawful permanent resident status (a Green Card) when you are present in the United States.
  • Appeals to the Board of Immigration Appeals — The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws. The BIA decides appeals by conducting a review of documents rather than conducting courtroom proceedings.
  • Asylum Applications — You may be granted asylum if you are already in the U.S. and risk returning to your birthplace due to a well-founded fear of persecution because of your race, religion, nationality, membership in a particular group, or political opinion.
  • Cancellation of Removal for Non-Permanent Residents — It is rare, but possible, to obtain a cancellation of removal by applying for a green card directly with an Immigration Judge if you have been in the U.S. for 10 years or more. Cancellation of removal is a form of relief from deportation or removal. You can only apply for this remedy if you have an open case in deportation or removal proceedings in Immigration Court.
  • Family Petitions — If you are a U.S. citizen, you may petition for certain immediate family members to receive either a Green Card, a fiancé(e) visa or a K-3/K-4 visa based on your relationship to them. Family petitions only work for very close relatives: spouses, children (unmarried and under the age of 21) and parents (the petitioner must be at least 21 years of age).
  • Naturalization — In order to be naturalized as a U.S. citizen, you must be at least 18 years old, a permanent resident (with a Green Card) for at least 5 years or 3 years if your United States Citizen spouse petitioned for you, and have lived in the state in which you’re applying for at least 3 months. New Jersey is one of only a few states where the USCIS Field Office allows for same day ceremonies! Why not have Attorney Alcalde review your naturalization options with you, especially if you have a criminal history or are concerned that other legal consequences may apply to you. Also, ask the Attorney if you are eligible for any exemptions under the 50/20 rule.
  • Removal Defense — This is a speciality area that Attorney Alcalde excels in. It is the legal process in which immigrants facing deportation must appear in court before an immigration judge. It is crucial to have a savvy immigration attorney representing you in removal proceedings since having legal counsel greatly increases your chances of winning the case. The Immigration Court does not provide an attorney to represent your interests.
  • Visa Applications for Crime Victims or Battered Spouses — Under the Protection Act – Violence Against Women Act, including the Battered Immigrant Women’s Protection Act, The U visa may be used to give safe haven to victims of repeated violence.
  • Waivers Due to Allegations of Fraud — When you apply for a waiver of this type you are asking USCIS or the Immigration Court to allow you or your close relative to enter the U.S. legally even though that individual used fraudulent documentation to enter the United States of America. This waiver is only accepted if your attorney can prove that without the waiver the United States Citizen or Lawful Permanent Resident, qualifying relative, would experience extreme hardship should you have to leave the United States permanently or be forced to have your family follow you to your home country.

Specific Laws that May Pertain to Your Case

The laws surrounding immigration are frequently difficult to decipher, especially if English is your second language. At the Law Office of Michele Alcalde, we are well-prepared to explain in your own language, in terms you can understand, matters such as: meeting a Particular Social Group (PSG) membership under the current law, such as being a victim of gang violence from the MS-13, that results in imminent danger to you or your family, the Stop-time rule, or the Stateside Provisional Waiver (601A process).

The Law Office of Michele Alcalde Is Here for Dreamers and Other Immigrants

If you were brought to the United States illegally (EWI – entry without inspection), but have lived here since childhood, you are known as a “Dreamer,” wanting, as your parents probably did, to live the American Dream. Although U.S. Citizenship and Immigration Services (USCIS), an agency of the U.S. Department of Homeland Security has made it clear that DACA beneficiaries do not possess legal status, it does state that DACA beneficiaries will not accrue unlawful presence time here while they are in this deferred action status. Our law practice is dedicated to protecting dreamers and other immigrants so that they remain in this country long enough to become American citizens and make their dreams come true. Please get in touch with us by phone or by filling out one of the contact forms on our website.

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