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

LOMBARD

900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

BLOOMINGDALE

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

JOLIET

58 N. Chicago Street, Suite 500, Joliet, IL 60432

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 immigration status

sanctuary city, Trust Act, Chicago immigration attorneys,  immigration enforcement, Illinois immigrantsChicago is still a sanctuary city, and will remain so for the foreseeable future, according to Mayor Rahm Emanuel. However, this decision has not come without comment. The U.S. Attorney General has been highly critical of Chicago’s leadership, seeing fit to draw conclusions about the city’s crime rate versus that of Miami, ascribing the difference solely to Miami-Dade’s capitulation to the Justice Department’s request to honor immigration detainers. In what may be seen as a reaction to such talk, Gov. Bruce Rauner may be poised to sign off on the Trust Act, which could have a small but significant effect on Illinois’ immigrant population.

Is Chicago a Sanctuary City?

While there has been much ink spilled about what a true sanctuary city is, the term of art as it is understood is solely defined as a city which does not comply with federal immigration detainers. Immigration & Customs Enforcement (ICE) sends “detainers” to local police departments when they hear of someone they believe should be detained due to their immigration status. In most cities, local police comply with these “detainers,” holding the person for longer than they would otherwise be constitutionally authorized to do. 

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detained at the airport, Chicago immigration attorneys,  lawful permanent residents, green card holders, immigration statusSince late January 2017, various iterations of an executive order on immigration have been in force at all U.S. ports of entry, but have seen the most controversy at airports. The most recent permutation as of this writing, after input from the Supreme Court in the form of an unsigned opinion, excludes non-citizen nationals from seven majority Muslim countries—Iraq, Iran, Libya, Sudan, Somalia, Syria and Yemen—unless they can prove a “bona fide relationship” to any “person or entity” in the United States.

However, the opinion does not define such a standard, which means that the definition is largely being left up to immigration personnel on the ground. This can cause problems for travelers, even if you are not a national of one of the seven countries on the president’s “list.”

Initial Detention

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Posted on in Immigration

Chicago deportation defense attorneys, DAPA, DACA rescinded, deportation order, immigration statusIn June 2017, Secretary of Homeland Security John Kelly—now White House chief of staff—officially cancelled the Department’s defense of the Deferred Action for Parents of Americans & Lawful Permanent Residents program, known colloquially as DAPA. This means that the program, which was previously on hold pending further litigation, will be allowed to be overturned by the relevant court, instead of going into effect.

While this action partly keeps a presidential campaign promise, it also has the potential to cause considerable trouble for mixed families, as well as casting the survival of Deferred Action for Childhood Arrivals (DACA) in doubt.

 Rights Granted Under DACA/DAPA

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b2ap3_thumbnail_unaccompanied-minors-Chicago.jpgSince the changeover to the new administration, there have been numerous unanswered questions about the status of immigrants, especially those who are part of various special interest groups. Perhaps no one is more at risk than the unaccompanied minors who make the trip from Central and South America, and it is entirely understandable that many may wonder about what awaits them when they arrive.

Current USCIS Regulations

Currently, unaccompanied minors may seek Special Immigrant Juvenile status. Or, they may apply for asylum on their own, depending on their situation, if they have no family in the country to sponsor them. Special Immigrant Juvenile (SIJ) status is designed to assist minors who have been abused or abandoned, and as such, has certain restrictions—a juvenile may obtain a green card through the program, but he or she may never petition for his or her parents to do the same, unlike immigrants who adjust status after reaching 18 years of age.

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Posted on in Immigration

b2ap3_thumbnail_entry-without-inspection-Chicago.jpgWhen someone seeks to enter the United States, he or she almost always does so with inspection—that is, at a mandated border checkpoint, bearing the correct entry document (and visa, if necessary). However, for some, this is not an option for a variety of reasons. Some are not even aware that they are committing an immigration infraction. Given the stated goals of the incoming administration, it is a good idea for you and yours to be absolutely certain of your immigration status and take steps to remedy any deficiency.

The Consequences Are Severe

Contrary to popular perception, those who are found to have entered the U.S. without inspection suffer numerous consequences, though they may not wind up behind bars. Those who are in the U.S. without inspection begin to accrue what is referred to as unlawful presence, from the moment they enter the country. This is the case even if they are not exposed as having entered the country illegally. Thus, whenever their status is exposed, they may have years upon years of unlawful presence accrued, which can be used against them, such as denying an application to adjust status (even with U.S. citizen relatives).

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