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Subscribe to this list via RSS Blog posts tagged in deportation

Posted on in Immigration

undocumented immigrants, Chicago immigration attorneys, Puerto Rico, deportation, Immigration lawThe United States has governorship over a handful of territories such as Puerto Rico or Guam, referring to them as insular areas. A U.S. insular area is defined as a nominally self-governing territory which looks to the United States for guidance and various benefits. Given the horrific situation in Puerto Rico after Hurricane Maria, questions about the lawful status of the Puerto Ricans have been asked by those not in the know, especially in regard to the possibility of relocating to the U.S. mainland.

Citizenship and Relocation

As of 2017, the U.S. Congress had extended citizenship to the residents of all inhabited U.S. possessions except for American Samoa, which is an unincorporated territory (a territory must incorporate, or organize in a certain way, for its people to be eligible for citizenship). Thus, residents of all other U.S. possessions such as Puerto Rico, the Northern Marianas Islands, Guam, and the U.S. Virgin Islands have the same citizenship rights as anyone born on the U.S. mainland. The Marshall Islands, the Federated States of Micronesia, and Palau are sometimes named as U.S. possessions, but this is erroneous—they are sovereign states and their nationals are citizens of their respective countries, with no claim to U.S. citizenship.

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DACA status, deportation, deportation order, undocumented immigrant, Chicago deportation defense attorneysBarring a last-minute volte-face, the President has made the decision to officially end the Deferred Action for Child Arrivals (DACA) program initiated by his predecessor. He has stated that the official date for DACA to end will not be immediately, however; rather, in six months’ time the program will officially expire.

Regardless of specific dates, this decision has the potential to cause approximately 800,000 people to either be deported or temporarily removed from the only home many have ever known. If you are one of those people, there are factors you need to know.

Undocumented Status Creates Problems

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apply for asylum, seeking asylum, Chicago immigration attorney, asylum seekers, deported in absentiaIn 2014, the United States experienced a surge of migrants from Central and South America appearing seemingly en masse at its southern border. Many were deported upon encountering Customs & Border Patrol (CBP), but many were able to assert a claim of credible fear—they stated their intent to apply for asylum in the United States. 

Due to the immigration backlog in U.S. courts, many of these cases are just now coming up for review. However, a large portion of the asylum seekers have not appeared, and have been ordered removed in absentia.

While it may seem smart to not appear in court lest you be arrested, it is absolutely not the right choice to make. Failing to appear can actually make matters even worse for you.

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Chicago deportation defense attorney, deportation order, deportation, undocumented minors, unauthorized minorsEver since 2014’s spike in violence in Central America that led to increased immigration of unaccompanied minors into the United States, U.S. immigration authorities have been at somewhat of a loss in how to appropriately handle the status and the overall needs of these children.

The previous administration created what was colloquially called the “rocket docket,” where unaccompanied minors with sponsors in the U.S. could be processed quickly. However, the current administration rescinded this directive, and may even seek to rescind some previously available protections, which would cause confusion and untold harm to children in this situation. 

New Initiative Aims At Parents

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Chicago deportation defense attorneys, revoke citizenship, citizenship application, deportation order, deportationTo lie on one’s application for United States citizenship can put you in deportation proceedings if the lie is ever discovered. Historically, any lie, even the most inconsequential falsehood about petty issues, was grounds for revocation of citizenship. However, in June 2017, the U.S. Supreme Court handed down a ruling that changed this—a ruling that will be significant for many future immigrants who decide to naturalize.

The Ruling

The Court was unanimous in its ruling in favor of Divna Maslenjak, an ethnic Serb originally from Bosnia, who admitted to lying on her application for refugee status about her husband’s military service. Both of the last two administrations have held that this made her deportable, and indeed she and her husband were both deported in October 2016.

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