Immigration & Naturalization

Mike Detzky has been engaged in the practice of Immigration and Naturalization Law since shortly after he was admitted to the NJ Bar in 1978. In fact, one of the very first cases he ever handled was an Immigration case. Since that time, Mr. Detzky has been actively engaged in the practice with an emphasis on Family Based Visa Petitions; Deportation Defense and Business Immigration. He also represents clients in cases involving citizenship, visa extensions, student visa issues, and all other immigration related matters. Mr. Detzky also provides advice and opinions to other lawyers on matters pertaining to Immigration Law, including how certain criminal convictions may have adverse Immigration related consequences and provides suggestions on how to possibly avoid them. He has been a member of the American Immigration Lawyers Association for more than 30 years and is a Past Chairman of the New Jersey State Bar Association Immigration and Nationality Law Section. Mr. Detzky has served as an instructor and lecturer on Immigration and National Law at presentations for the United States Navy, the New Jersey State Bar Association, the Monmouth County Bar Association and the New Jersey Institute for Continuing Legal Education. He has also been interviewed as a subject matter expert on immigration on Fox News and the Bill O’Rielly radio show.

With offices in Freehold, Somerville and Newark New Jersey, he is ready to provide you with a confidential consultation to determine the best course of action to accomplish your goals. He recently became affiliated with a prominent Newark, New Jersey Immigration Firm with new professional space at 24 Commerce Street, Suite 1001 only several blocks away from the local USCIS Immigration offices and the Immigration Court. However, our practice is national and we represent clients before the U.S. Immigration Service across the United States and even from overseas.

Remember that U.S. Immigration is a national practice so the laws, procedures, and forms to be filed are basically the same no matter where you live. Therefore we can handle most cases regardless of where you reside, including outside the United States. You will also find our rates competitive with those of your local law firm.

Supreme Court Tie Blocks Obama Immigration Plan

On November 20, 2014, President Obama announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.

These initiatives included:

  • Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to young people who came to this country before turning 16 years old and have been present since January 1, 2010, and extending the period of DACA and work authorization from two years to three years.
  • Allowing parents of U.S. citizens and lawful permanent residents who have been present in the country since January 1, 2010, to request deferred action and employment authorization for three years, in a new Deferred Action for Parental Accountability program, provided they pass required background checks.
  • Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens.
  • Modernizing, improving and clarifying immigrant and non-immigrant programs to grow our economy and create jobs.
  • Promoting citizenship education and public awareness for lawful permanent residents and providing an option for naturalization applicants to use credit cards to pay the application fee.

Almost immediately after being announced these proposals came under attack by critics who contended that they were an unconstitutional power grab by the President.  Texas sued the Administration. In February 2015, Judge Andrew S. Hanen of Federal District Court in Brownsville, Tex. entered a preliminary injunction  shutting down the program while the legal case proceeded. The government appealed, and a divided three-judge panel of the United States Court of Appeals for the Fifth Circuit in New Orleans affirmed the injunction.

On June 23rd 2016 the United States Supreme Court announced that it was unable to reach a decision in the case United States v. Texas.  That means the ruling of the Fifth Circuit Court of Appeals stands — which had kept the programs (known as DAPA and Expanded DACA) from going into effect.

This decision does not affect the already existing DACA program. It underscores the necessity of the President and Congress to work together to enact Comprehensive Immigration Reform.

Deportation and Criminal Immigration – Criminal Aliens

If you have a relative who is in custody for a crime and faces deportation, we can help. If possible, we will get your relative released from INS custody and represent him before the Immigration Court. We may also arrange to visit your relative in custody when necessary to represent him. If he has already been ordered deported, we may still be able to help by requesting a STAY OF REMOVAL, or by looking into the case to see if they might be able to file a Motion to Reopen.
Deportation and Asylum

Our affiliated attorneys have successfully handled asylum and deportation cases, and appear frequently before the Immigration Court. They are often consulted, even by other attorneys, specifically in the area of crime-related deportation charges. If you have a criminal conviction that may lead to your deportation, you should call for a consultation immediately. Mr. Detzky will assess the case to determine if you or you relative are eligible for various forms of relief from removal including but not limited to: Cancellation of Removal, 212(c) or other waivers, Asylum or Withholding of Removal. He may also seek to get your relative released on a bond, if eligible.

If you have an asylum claim to make, or if you are in proceedings before the Immigration Court, we can represent you, no matter where you live. Call us at (732) 780-3090 for a confidential consultation prior to your next court date.