DuPage County Immigration Attorneys | Mevorah & Giglio Law Offices
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Mevorah & Giglio Law Offices
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

CHICAGO

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

Phone: 630-932-9100

NAPERVILLE

1730 Park Street, Suite 202, Naperville, IL 60563

Phone: 630-420-1000

ST. CHARLES

555 S Randall Rd, Suite 101, St. Charles, IL 60174

Phone: 630-410-9176

Immigration

Illinois Immigration LawyerThe United States has a complicated history with undocumented immigrants or those who come to the U.S. without lawful immigration status. Many undocumented immigrants are at risk of removal or deportation, but in recent years, the Obama and Biden administrations have attempted to provide protections for some, including through the Deferred Action for Childhood Arrivals (DACA) program. However, a recent ruling from a federal judge in Texas has called the future of this program into question.

What is the DACA Program?

The DACA program, established by an executive directive from President Obama in 2012, allows certain undocumented immigrants to apply for the deferment of removal proceedings that may be initiated against them. Since the start of the program, applicants have been required to demonstrate that they meet certain criteria. For example:

  • Applicants must have come to the U.S. before their 16th birthday and resided continuously in the U.S. since June 15, 2007.

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Illinois immigration lawyerFor an immigrant to come to the U.S. on a fiancé(e) or family-based visa, they need an affidavit of support from a sponsor who is a U.S. citizen or lawful permanent resident. Typically, the sponsor role is fulfilled by the person who files the petition for immigration on behalf of their relative or fiancé(e). If you intend to serve as a sponsor, it is crucial that you understand your responsibilities and obligations and what may happen if you do not fulfill them.

Commitments Made in an Affidavit of Support

When you sign an affidavit of support for another person’s immigration, the primary commitment you make is to take financial responsibility for supporting that person once they become a lawful permanent resident (LPR) of the U.S. After achieving LPR status, immigrants are legally permitted to work in the U.S., so they are often able to support themselves at least partially. However, if they cannot do so, you are responsible for providing for their financial needs.

It may come as a surprise that you will still be ultimately responsible for the person you sponsor even if they qualify for means-tested public benefits like Medicaid, Supplemental Security Income (SSI), or Temporary Assistance for Needy Families (TANF). Though the government may provide these benefits upfront, you will be expected to repay them in full. You will also remain responsible for a spouse whom you sponsor even if your marriage ends in divorce.

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illinois immigration lawyerOne of the factors contributing to the immigration crisis at the U.S.-Mexico border is the influx of immigrants from Central America, including Guatemala, Honduras, and El Salvador, who are seeking refuge. In recent months, the Biden administration has made various efforts to address this crisis. Most recently, the administration announced the reinstatement of the Central American Minors (CAM) program with expanded eligibility criteria. As a result, parents and legal guardians of children in Central America may have more options for securing their legal immigration to the U.S.

About the Central American Minors Program

The CAM program began during the Obama administration and allowed certain qualifying parents with Central American citizenship to apply for legal refugee status for their qualifying children. Since the program’s inception, parents were eligible to apply if:

  • They were citizens of El Salvador, Honduras, or Guatemala.

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illinois imimgration attorneyIn our last blog post, we discussed defense options and strategies for immigrants facing deportation or removal. Since then, an Illinois House Bill addressing immigration has passed in the state Senate and is awaiting review by Governor Pritzker. If the bill is ultimately approved, it could provide additional support to those facing immigration court proceedings in Cook County.

What Does House Bill 2790 Include?

The recently passed HB 2790 would update a section of the Illinois Counties Code that addresses the types of cases in which public defenders are able to represent defendants at no cost. Currently, Illinois public defender services are limited to cases in criminal and juvenile court. HB 2790 would expand their services to immigration court cases, including those involving deportation and removal, but only “in counties with a population over 3,000,000”. Based on the most recent census data, this only applies to Cook County, with DuPage County being the next closest at only 929,060.

Despite the limitations of the bill, it would still represent a substantial change to Illinois immigration policy. Before now, the lack of access to public defender services has led many low-income immigrants to go without representation at their removal hearings. Taking advantage of state-provided, no-cost representation could help many immigrants remain in the U.S.

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Illinois immigration lawyerIf you receive a Notice to Appear (NTA) for a deportation or removal hearing, or worse, if you are detained by ICE, your ability to remain in the U.S. is under serious threat. However, your removal is not necessarily a foregone conclusion. With the help of an attorney, you may be able to obtain relief from removal, protecting you from hardship or separation from your family. It is important to understand what options you may have for avoiding deportation depending on the circumstances of your case.

Do I Have the Right to an Attorney at My Deportation Hearing?

One of the best things you can do to protect yourself from deportation is to hire an attorney who can help you understand your options and represent you at your hearing. You should note that an immigration hearing is not a criminal trial, and therefore, you do not have a constitutionally guaranteed right to legal representation. This means that if you want an attorney to be present, you need to be proactive about securing their services and telling the court that you want to be represented. Otherwise, you will likely have to face your hearing on your own.

Removal Relief Options

Among the many benefits of an immigration attorney is their ability to review your NTA and help you understand the reason why removal proceedings have been initiated. With this information, you and your attorney can better prepare a strategy for your hearing. It may be possible to avoid deportation through one of the following methods:

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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 & Giglio Law Offices can help. Our trial lawyers have over 40 years of experience helping clients throughout Northern Illinois from five offices in Lombard, Bloomindale, Naperville, 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 & Giglio Law Offices to find the attorney they need.

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