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630-932-9100
Free Initial Consultation | Se habla español 630-932-9100
Mevorah Law Offices LLC
630-932-9100
DuPage County Attorneys

LOMBARD

900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

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134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

ST. CHARLES

333 N. Randall Road, Suite 104, St. Charles, IL 60175

Phone: 630-443-0600

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Phone: 815-727-4500

CHICAGO

105 W. Madison Street, Suite 2200, Chicago, IL 60602

Phone: 630-932-9100
Subscribe to this list via RSS Blog posts tagged in deportation

Chicago deportation defense lawyers, stay of deportation, deportation order, deportation, cancellation of removalMost immigrants who petition for a stay of deportation or removal will do so based on a law they believe helps their case. Sometimes, however, an undocumented person has to depend on what is called a cancellation of removal, which is essentially prosecutorial discretion, allowing him or her to stay in the U.S., though he or she technically lacks the right to remain. Among the requirements that must be demonstrated, the immigrant must show at least “exceptional” hardship to a U.S. citizen if he or she was to be deported. This standard has become all but impossible to meet.

The Requirements

In order to qualify for cancellation of removal under the Immigration & Nationality Act (INA), three requirements must be met. The alien must (1) not have been convicted of certain offenses and generally been a person of “good moral character” during his or her stay in the United States; (2) resided in the U.S. for at least 7 years (or been physically present for 10, if he or she seeks to adjust status); and (3) he or she must establish that his or her removal would result in “exceptional and extremely unusual hardship” to his or her U.S. citizen (or lawful permanent resident) spouse, parent, or child.

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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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Chicago deportation defense attorneys, immigration, criminal charges, criminal charges for immigration, deportationBeing brought up on criminal charges is always frightening and disconcerting. For non-citizen defendants, there is an added dimension to fear. Depending on the nature of the crime committed, it can sometimes be used as a tool for U.S. Citizenship and Immigration Services (USCIS) to deport you. If you have committed a crime, it is imperative that you understand the nature of the charges against you and be aware as to whether it could result in immigration consequences.

Crimes of Moral Turpitude

Many foreign nationals living in the U.S. have had run-ins with law enforcement, though the end results can be anything from a warning to a murder conviction. A significant portion of the crimes that have been alleged against them fall under a category USCIS refers to as crimes of moral turpitude (CIMTs). If you commit a crime of moral turpitude within two years of your admission to the U.S., or more than one in a ‘single scheme’ within five years of admission, it is grounds for deportation.

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Posted on in Immigration

Chicago immigration lawyers, immigration law, deportation, waiver of inadmissibility, unlawful presence waiversBeing deported can put a person’s entire life on hold. If it happens to you, you have every right to want to return as quickly as possible. However, depending on your situation, you may not be able to do so without waiting a very long time, if you want to do so legally. Before putting the process in motion to return to the U.S., it is a good idea to learn if it would even be possible, and how long it might take.

Bars and Waivers

If you or a loved one have been deported, it is because you were found to be in violation of some provision of U.S. immigration law, most often the Immigration & Nationality Act. Depending on the nature of the offense, immigrants who are deported are subject to what are called bars, which last either five, ten or twenty years. In rare cases, there is a permanent bar, but that tends to be reserved for those who commit offenses like entering the country without inspection (unlawful entry) after being deported, given the rationale that the consequences of such an act were already spelled out for those people. Normally, a deportee must wait this time out; however, he or she may be eligible for a waiver of the offense in certain circumstances.

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Posted on in Immigration

immigration judge, Chicago deportation defense lawyers, deportation, deportation order, immigration systemIn the recent months since the Department of Homeland Security (DHS) began to crack down hard on all those lacking status, the plight of the United States’ immigration courts has come into sharp relief. A shortage of judges has led many to be unaware of the answer to the simple question of what an immigration judge even does—his or her function is quite different than the run-of-the-mill criminal or civil court judge. It can potentially change your approach to your removal case if you understand the true role of an appointed immigration judge.

Origins and Loyalties

Immigration judges are appointed by the Attorney General, who is the head of the Justice Department. The Justice Department is also the federal agency which houses the Executive Office for Immigration Review (EOIR), which oversees immigration matters at the basic and intermediate levels—immigration judges and the Board of Immigration Appeals (BIA) are both governed by EOIR rules.

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