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630-932-9100
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Mevorah Law Offices LLC
630-932-9100
DuPage County Attorneys

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Phone: 630-932-9100

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Subscribe to this list via RSS Blog posts tagged in current immigration law

Posted on in Immigration

Chicago deportation defense attorneys, green card holders, cancellation of removal, DACA recipients, DREAMersAs of this writing, both houses of Congress have failed to pass any comprehensive fix for the lingering question that is the Deferred Action for Childhood Arrivals (DACA) program. Instituted under President Obama, the program has been under attack since the installation of the current administration, being ‘cancelled’ in September 2017, though currently there is an injunction in place against its disbandment. Nonetheless, the question must be asked—if no fix is passed to grant legal status to the DREAMers, what can they do? Is there any reprieve possible?

Expedited Removal is an Issue

One major concern for many DREAMers is what is referred to as expedited removal. The Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA), passed in 1996, instituted the concept, which permits immigration authorities to arrest and deport those in the country for less than two years without giving them a hearing before an immigration judge (which is required for all others charged with immigration violations). Formerly, this was only enforced within the so-called 100-mile zone, meaning that the interior of the country was a safe zone of sorts. This administration has extended the reach of this procedure to the entire country.

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Posted on in Immigration

family based immigration, Chicago immigration lawyers, current immigration law, permanent residence, green card holderWith false and misinformed claims regarding family immigration in the news on a seemingly constant basis in recent weeks and months, it is imperative that accurate information find its way to the forefront of the discussion. With malicious claims of “chain migration” being commonplace, it matters that everyone who needs true information about family migration be able to access it. 

MYTH: If you are a naturalized U.S. citizen, you can sponsor any member of your family to immigrate.

TRUTH: This is false. Family-based immigration is restricted in that a naturalized citizen may only sponsor his or her spouse, children, and if he or she is over age 21, his or her siblings and parents. However, the mere ability to sponsor someone does not mean that your family member’s path to legal status in the U.S. will be somehow faster than anyone else’s; it conveys no real advantage, given that every documented immigrant must go through the same process. Also, a sponsor does not mean that a person’s application will be vetted any less stringently than someone’s application for asylum or an employment-based application for status, despite more misleading and inaccurate claims being perpetuated by media and government officials.

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Posted on in Immigration

deportation, Chicago deportation defense attorneys, inadmissible, current immigration law, deportableThere are two different ways a person can be ruled deportable, and determining the one that applies to an individual depends on his or her location. For instance, the determination will be different if someone is in the U.S. already, versus if he or she is still waiting to enter.

Inadmissibility

When someone is talked about as being inadmissible, it means that he or she is not officially in the United States, and he or she will not be permitted to enter— the individual meets a certain ground of inadmissibility. For example, any foreign national who has a history of immigration violations is likely to be ruled inadmissible (in other words, unable to be admitted).

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Posted on in Immigration

Chicago immigration lawyers, Illinois immigration, immigration policy, F Visa, current immigration law, family-based immigrationAfter the December 11 attack in New York City that was perpetrated by a Bangladeshi immigrant, the president and current administration have gone on the offensive, arguing loudly about the evils of what is being called “chain migration.” They allege that chain migration, also called ‘extended chain migration,’ is a lax policy that permits too many immigrants into the U.S. without proper vetting.

While numerous experts have debunked such claims as manifestly paranoid, it is important to understand the legal arguments surrounding this issue, especially since the authority of the Oval Office may be turned arbitrarily on this aspect of U.S. immigration policy if nothing changes.

A Long and Complex Path

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Posted on in Immigration

Illinois TRUST Act, ICE, undocumented immigrant, immigration status, undocumented immigrantsIn August 2017, Governor Bruce Rauner signed the Illinois TRUST Act, which is the strongest state-level bulwark against profiling by immigration officials yet passed into law as of this writing. It also codifies limited cooperation with U.S. immigration agencies as state policy, at least in terms of honoring detainers issued by Immigration and Customs Enforcement (ICE). While this grants immigrants protection, it also drags the state into a potential fight with the U.S. Justice Department, which could have consequences.

DOJ Objections

The main crux of the Justice Department’s objections is that they believe the Act appears to “restrict the sending of information regarding immigration status.” While states have a reasonable degree of latitude in setting their own immigration rules, they must, of course, comply with federal law. However, the law regarding complying with ICE detainers is not cut and dried. While law enforcement agencies must comply with a warrant or with an in-person request to hand over a person in most circumstances, an ICE detainer is a mere request to law enforcement.

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