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

Posted on in Immigration

Chicago deportation defense attorneys, expedited removalIn the current immigration climate, the concept of expedited removal is often bruited about by those in the know. However, many, including professionals, are unclear as to what expedited removal actually is, versus what it has been, versus what the current administration intends for it to be. The concept is complex, and if you or a loved one are going to be in a situation where you face the threat of being removed, it is critical that you know your options.

Origins of the Procedure

The concept of expedited removal—when a potential visitor or immigrant is turned around without being permitted a hearing or indeed many other due process rights that citizens possess—was first propagated in 1996, in the text of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). At the time, the procedure was only used against those who met the following characteristics:

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b2ap3_thumbnail_adjustment-of-status-Chicago_20170518-130805_1.jpgImmigrants arrive in the United States each day on nonimmigrant visas, allowing them to remain for a specific period of time, to do specific things. For example, a B2 visa allows someone to come to the U.S. for tourism.

However, if someone decides on a new path, or has the chance to do something different—for example, a foreign student finding a job in the United States—then he or she usually must become a lawful permanent resident (LPR) in order to do so. Some people can do so by filing for what is referred to as an adjustment of status (AOS) within the country. Still, some people are denied this opportunity. It is generally necessary to familiarize yourself with the AOS procedure before moving ahead.

The Basics 

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b2ap3_thumbnail_H1B-visa-regulations-Chicago.jpgOne of the cornerstones of the new president’s immigration policy, going back to the campaign trail, is to regulate the country’s H1B visa program more effectively, ostensibly to weed out those who abuse the system. However, the proverbial jury remains out as to the most effective way to do this, or even as to whether such reforms are truly necessary. Either way, those who hold H1B visas or seek to obtain them in the next fiscal year should be aware of the potential changes to the program.

Current Program Regulations

For the last few decades, at least, the H1B program has been used to allow U.S. employers to hire foreign workers, seemingly to fill gaps in their workforce that cannot be filled by U.S. citizens. The requirements are fairly simple, but important to prove. They are: (1) that one has a bachelor’s degree or equivalent, in a field related to the one he or she intends to work in; (2) that one will be earning a wage (as opposed to volunteering or being paid in another manner); and (3) and that he or she will be engaged in a “specialty occupation.”

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Chicago immigration attorneys, Priority Enforcement Program, immigration detentionU.S. Immigration and Customs Enforcement (ICE) maintained a directive referred to as Secure Communities (Secomm for short) between 2008 and 2014. This program professed to establish a new direction for U.S. immigration enforcement, largely by enlisting local and state police to help detain and deport undocumented immigrants. However, it steadily declined in popularity after implementation, with the program eventually being discontinued in favor of a new initiative, the Priority Enforcement Program (PEP). Modifications have been made; however, if you or a loved one is undocumented, it is still something of which you need to be aware.

How it Works

Many of PEP’s primary features do vary greatly from those in place under Secomm. If someone is arrested by state or local authorities for a criminal violation, then the fingerprints and biometrics taken at that time are forwarded to both the Federal Bureau of Investigation (FBI) and ICE. A hit at either agency may raise the urgency to deport that individual.

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DuPage County deportation attorneys, criminal convictions, immigration lawMost people are aware nowadays that there are several different varieties of criminal conviction. However, when dealing with immigration law, the lines blur. It can be a rude awakening to learn that in some instances, even misdemeanors can result in your being declared inadmissible or deportable.

While it is possible to obtain waivers or other decisions that result in your being permitted to stay in the U.S., your best defense against being found deportable is to be aware of what kind of conduct is proscribed.

The Myth of the Aggravated Felony

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