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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

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

Immigration

IL immigration lawyerMost of the immigrants in the United States do work, including some who are present without inspection, and sometimes it can be a bit of a balancing act between immigration law and employment anti-discrimination provisions for employers. Conversely, an employer may try too hard to abide by immigration regulations and comply with E-Verify regulations, and wind up breaching an employee’s rights. Having at least a basic understanding of the whole picture can help clarify matters for you so that you can take appropriate measures if you feel your rights have been infringed.

What Is E-Verify?

E-Verify is a program instituted in 1996 that allows businesses to test whether their workers are in valid immigration status upon hiring (it is not permitted by law to test workers after their hiring date). The program compares the data from an employee’s I-9 form, the Employment Eligibility Verification Form, to the national database. If the information matches, the employee is deemed eligible to work. If not, the employer will be alerted and the employee will either have to sort out the error, or they will be treated as having committed an immigration violation.

E-Verify is utilized somewhat differently by every state, with many requiring it, while others actively discourage its use due to perceived bias and errors in the databases used to compare records. It is remarkable, however, that the states whose use is infrequent are not those one might think. Texas and Florida both have significant undocumented populations, with the accompanying amount of anti-immigrant sentiment, but less than one-third of new hires are screened with E-Verify. Illinois actually attempted to ban the program’s use in 2007, though the law was eventually struck down. The modified law permits the use of E-Verify, but does not encourage it, and requires a sworn statement that the employer has gone through training on the program’s potential issues.

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Posted on in Immigration

IL immigration lawyerSometimes, someone seeking a way to stay in the U.S. may have nothing tangible to rely on. They may not qualify for Deferred Action for Childhood Arrivals (DACA) or have a valid asylum claim, and they cannot adjust status because of a criminal record or because they arrived in the country as an undocumented immigrant. In these types of situations, especially if you are in removal proceedings, the best option that may be available is called cancellation of removal. It will not work for everyone, but it may be a possible method by which you or a loved one can remain in the United States.

Mostly For LPRs

Cancellation of removal is a form of deportation relief that is almost entirely discretionary, meaning that the immigration judge in charge of your case can choose whether or not to exercise it. This is markedly different from other methods of relief, which are usually codified in the law - for example, the Violence Against Women Act (VAWA) explicitly contains language allowing some abuse victims to adjust status to that of a green card holder if they can prove certain facts about their mistreatment. Cancellation of removal is sometimes called prosecutorial discretion, even though it is most often judges (not prosecutors) who are able to use it.

Cancellation of removal is available most often to people who are lawful permanent residents (LPRs), or in other words, green card holders. The Attorney General may exercise their prerogative to cancel the removal of any green card holder who has (1) resided in the U.S. for at least 7 years while in legal status; (2) has been an LPR for at least 5 years; and (3) has not been convicted of any aggravated felony - in other words, does not have a major criminal record.

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Posted on in Immigration

IL immigration lawyerWhile the current administration seems to be a never-ending Pandora’s box of nightmares for immigrants both documented and undocumented, one question that often comes up for those choosing to become U.S. citizens is whether or not newly gained naturalized citizenship can be lost. The answer is yes, but only in very specific situations - or at least, this was the case until the current administration came to power.

Voluntary Loss of Citizenship

It is possible for any U.S. citizen to voluntarily declare they no longer want their citizenship. This is called renunciation, and it effectively gives up all rights and privileges associated with being a U.S. citizen, including the right to live in the country without requiring a visa. It must be done in front of a U.S. consular officer or other official at an embassy abroad, and it must be stated clearly that the oath to renounce is being sworn with the full intent of giving up citizenship - if it is not, it has no legal effect.

Unlike lawful permanent residents (‘green card’ holders), naturalized citizens do not run the risk of voluntarily abandoning their immigration status if they live abroad for a long time. Green card holders must reside continuously in the U.S. for at least five years prior to filing, and be physically present in the country for at least 30 months out of the most recent five years, or they will be deemed to have abandoned their claims. Naturalized citizens do not have this issue - unless they voluntarily renounce their citizenship or do something which comes with the effect of renunciation, citizenship is for life.

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DuPage County deportation lawyerA Notice To Appear (NTA) is a formal notice to someone that they are being placed in deportation proceedings. While receiving one normally can be quite intimidating, a recent, quietly enacted change in guidance regarding how NTAs are used can make them even more alarming, even to immigrants with documentation who entered the United States legally. 

NTAs Sent Immediately

Under previous administrations, if a person was lawfully present in the United States on a valid visa, such as a student visa (F1) or foreign worker’s visa (H1B), and they wound up going out of status while in the process of renewing their visa or making plans to depart, U.S. Citizenship & Immigration Services (USCIS) would generally not bother to issue an NTA, even though technically these people were unlawfully present in the U.S. Unless evidence of fraudulent or otherwise criminal activity existed, most of those seeking to reapply were simply treated as though the grant of a new visa would occur. 

Now, under the new rule, a reapplication is treated very seriously, and if the benefit or extension is denied, the person will immediately be issued an NTA if they are determined to fall out of status for as little as one day. This is especially noteworthy, because current immigration law permits certain visa holders, such as H1Bs, to continue their employment and, generally, live a normal life for up to 240 days (approximately eight months) while their renewal application is pending. In many cases, the processing time for such extensions can be as much as one year or more, depending on demand and USCIS backlog. Thus, many are left with no choice but to uproot their lives with little notice.

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DuPage County asylum and refugee attorneyWith the events occurring at the U.S. border in recent months, a near tidal wave of misinformation has been going around regarding asylum and refugee status, and many people are misinformed about the immigration laws and procedures surrounding this hot-button issue. For both U.S. citizens and incoming immigrants, it is absolutely crucial to understand what asylum actually is and what it is not. Failure to do so can jeopardize your or a loved one’s immigration claim and render them inadmissible or even deportable. The stakes are too high to buy into misinformation.

Myth: No One at the Southern Border of the U.S. Should Get Asylum, Because They Crossed Into the Country Illegally. 

False - The United States is a signatory to the Geneva Convention, having signed it and ratified it into law in 1955. Article 31 of that convention states explicitly that those seeking asylum should not be penalized on account of illegal entry if they have come from a country where their life or freedom is threatened. Some might argue that many are coming from Mexico, rather than from their home countries, but the Article is open to interpretation. Besides, Mexico is decidedly unsafe for many undocumented people as well. 

Myth: Asylum Is a Process Abused By Economic Migrants. 

False - Asylum is a recognized process under both international law and U.S. law, designed to help those fleeing persecution in their home countries. Asylum seekers must pass extensive background checks and demonstrate credible fear of future persecution if returned to their home country. People cannot simply make up a story and expect to remain in the United States. Hearings and interviews must be attended and handled with sincerity and honesty. 

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Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah Law Offices LLC can help. Our trial lawyers have over 35 years of experience helping clients throughout Northern Illinois from five offices in Lombard, Bloomindale, Joliet, St. Charles, and Chicago.

Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah Law Offices LLC to find the attorney they need.

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