Defensive Application for NACARA 202 Lawyer in Burlington County, NJ
A defensive application for NACARA 202 is a legal filing to prevent removal (deportation) from the United States. In Burlington County, these contested cases are heard before the Immigration Court in Newark. Law Offices Of SRIS, P.C. provides experienced legal defense for individuals in Burlington County facing removal proceedings and seeking relief under NACARA 202.
Understanding the Defensive Application for NACARA 202 Process
The Nicaraguan Adjustment and Central American Relief Act (NACARA) Section 202 provides a path to lawful permanent resident status for certain nationals from Nicaragua, Cuba, Guatemala, El Salvador, and Eastern European countries. A defensive application for NACARA 202 arises when an individual is placed in removal proceedings and asserts eligibility for NACARA relief as a defense against deportation. Unlike an affirmative application filed with USCIS, a defensive application is filed with the Executive Office for Immigration Review (EOIR) before an Immigration Judge.
Last verified: April 2026 | Executive Office for Immigration Review (EOIR) | U.S. Department of Justice
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to contested immigration matters like defensive applications. Our firm’s tagline, “Advocacy Without Borders,” reflects our commitment to defending clients in Burlington County and across the nation.
Official Government Resources
For the official text of the law and court procedures, refer to these .gov resources: Immigration and Nationality Act (USCIS) and the Executive Office for Immigration Review (EOIR) website for court rules and practice manuals.
The Local Process for a Defensive Application in Burlington County
Individuals in Burlington County facing removal will have their cases heard at the Immigration Court in Newark, NJ. The process for a defensive application for NACARA 202 lawyer Burlington County clients need is intricate. The Burlington County Superior Court does not handle immigration matters, but local arrests or charges can trigger ICE involvement, skilled to removal proceedings. An affordable defensive application for nacara 202 lawyer Burlington County residents can consult will understand that eligibility hinges on specific nationality, arrival dates, and continuous physical presence, with exceptions.
- Receive a Notice to Appear (NTA): The Department of Homeland Security (DHS) issues an NTA, initiating removal proceedings and listing the charges of removability.
- Master Calendar Hearing: You appear before an Immigration Judge to plead to the charges and state your intent to apply for relief, such as NACARA 202.
- File Form EOIR-40 & Supporting Evidence: Your attorney files the Application for Suspension of Deportation or Special Rule Cancellation of Removal (NACARA) with the court, along with proof of eligibility.
- Individual Merits Hearing: You present your case before the Immigration Judge, who will hear testimony and review evidence before making a decision.
- Appeal (if necessary): If the application is denied, you may appeal the decision to the Board of Immigration Appeals (BIA).
Potential Outcomes and Challenges
In defensive NACARA 202 cases, a successful application results in a grant of lawful permanent resident status, while a denial can lead to a final order of removal.
The primary challenge is meeting the strict eligibility criteria, including proving continuous physical presence in the U.S. since a specific date. Gaps in presence, certain criminal convictions, or prior immigration violations can bar eligibility. The burden of proof rests entirely on the applicant.
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Immigration Defense
Law Offices Of SRIS, P.C. was founded in 1997 and brings a foundational understanding of legal advocacy to every case. Our firm’s combined experience exceeds 120 years. We approach each defensive application for NACARA 202 with a detailed, evidence-driven strategy case-specific to the Immigration Court’s standards.
Our Approach to Defensive Immigration Applications
Our firm focuses on building a strong, document-based case for each client. We meticulously gather evidence of physical presence, such as employment records, lease agreements, and affidavits, to meet the stringent requirements of NACARA 202. We prepare clients thoroughly for testimony and advocate persuasively before the Immigration Judge.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. – Serving Burlington County
New Jersey Location
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 651-0900
By appointment only.
Our New Jersey location serves clients at Burlington County courts and represents individuals in immigration proceedings stemming from the area. We are accessible via NJ Turnpike, I-295, and Route 18. If you need a defensive application for nacara 202 lawyer near me Burlington County, contact us for a consultation. We serve communities including Mount Holly, Mount Laurel, Moorestown, Burlington City, Cinnaminson, Evesham, Medford, Bordentown, Pemberton, Willingboro, and Marlton.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions: Defensive NACARA 202 Applications
What is the main difference between an affirmative and a defensive NACARA application?
Yes. An affirmative application is filed proactively with USCIS by someone not in removal proceedings. A defensive application is filed with the Immigration Court as a defense against deportation after removal proceedings have begun.
Can I apply for NACARA 202 if I have a criminal record?
It depends. Certain criminal convictions, particularly aggravated felonies or crimes involving moral turpitude, will make you ineligible for NACARA 202 relief and may subject you to mandatory detention and removal. An attorney must review the specifics of your record.
How long does the defensive application process take?
The timeline varies significantly by court docket. From the initial Master Calendar Hearing to a final decision, it can take anywhere from several months to a few years. Backlogs at the Immigration Court in Newark can affect waiting times.
What happens if my defensive NACARA 202 application is denied?
If the Immigration Judge denies your application, they will likely issue a final order of removal. You have the right to appeal that decision to the Board of Immigration Appeals (BIA) within 30 days. If the appeal is unsuccessful, DHS may seek to execute the removal order.
Do I need a lawyer for a defensive NACARA application?
Yes. Immigration court proceedings are highly demanding, and the government is represented by an attorney. The stakes—your right to remain in the U.S.—are extremely high. Having competent legal counsel significantly improves your chance of presenting a successful case.
Related Legal Services in Burlington County
If you are dealing with other legal matters, our firm also assists with business law, contract disputes, and federal criminal defense. For more information on our statewide immigration practice, visit our New Jersey immigration lawyer hub page. We also assist clients in neighboring areas like Camden County and Atlantic County.
Last verified: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding a defensive application for NACARA 202.
Your case in Burlington County, New Jersey
Immigration matters are federal: removal cases for New Jersey residents are heard at the Newark Immigration Court and applications are decided by USCIS. County criminal charges that can affect immigration status are heard in the Criminal Part of the Law Division. In Burlington County that is the Superior Court of NJ, Burlington Vicinage (8th Vicinage), 49 Rancocas Road, Mount Holly, NJ 08060, telephone (609) 518-2500, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is the federal Immigration and Nationality Act. Law Offices Of SRIS, P.C. handles Burlington County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Burlington County NJ lawyers directory · Bergen County NJ Defensive Application for Nacara 202 Lawyer · Hudson County NJ Defensive Application for Nacara 202 Lawyer · Defensive Application for Nacara 202 Lawyer Monmouth County.