DuPage County Immigration Attorneys | Mevorah Law Offices LLC
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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 lawyerIf you are facing deportation proceedings because you are not a lawful permanent resident (LPR) of the U.S., you may be eligible for cancellation of removal. However, you will have to convince an immigration judge that your deportation would result in exceptional and extremely unusual hardship to a qualifying relative, defined as your LPR or U.S.-citizen spouse, parent, or unmarried child under age 21. This is a very difficult standard to meet. The assistance of an experienced immigration attorney is highly recommended in order to present your arguments in the most persuasive manner.

The immigration judge will make the exceptional and extremely unusual hardship decision not based on any one factor but rather based on the totality of the evidence. As you will see, it is generally easier to prove that your removal will create exceptional hardship for a child who was born in the U.S. than for a parent who grew up abroad or a self-sufficient adult spouse.

Factors that Add Up to Exceptional and Unusual Hardship

You will want to use as many of these factors as possible to make your case for exceptional hardship:

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IL immigration lawyerEven lawful permanent residents (LPR) of the US, or green card holders, can be deported. If you receive a Notice to Appear before an immigration judge, then removal proceedings have begun against you. You will need to hire your own immigration attorney to represent you in these proceedings. To prevent your deportation, your attorney may file a petition for cancellation of removal, which the immigration judge may or may not approve, depending on the strength of the arguments made by your attorney.

Deportable Offenses: Grounds for Removal of an LPR

Removal proceedings may be initiated against a lawful permanent resident for any of the following deportable offenses:

  • Commission of immigration fraud.
  • Participation in terrorist activities.
  • False claim of citizenship or unlawful voting in an election restricted to citizens.
  • Conviction of a felony crime of moral turpitude within five years of entering the U.S. for which a sentence of one year or longer may be imposed.
  • Conviction of two or more crimes involving moral turpitude.
  • Conviction of an aggravated felony.
  • Conviction of high-speed flight from an immigration checkpoint.
  • Conviction of a crime involving a firearm or destructive device.
  • Conviction of a controlled substance violation other than a single offense of marijuana possession of 30 grams or less.
  • Conviction of a crime of domestic violence or violation of an order of protection.
  • Failure to register as a sex offender.
  • Found to be a drug abuser or addict.
  • Becoming a public charge within five years of entry due to causes not affirmatively shown to have arisen since entry.

Three Criteria Required to Qualify for LPR Cancellation of Removal

You are eligible for cancellation of removal if you meet all three of these criteria:

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IL immigration lawyerIn any given year, the U.S. grants approximately 85,000 H1B visas, given to foreign workers with special skills or highly specialized knowledge. For a long time, their spouses were denied permission to work in the U.S., but in 2014, employment authorization documents (EAD) were granted to H4 visa holders, which is the visa given to the spouses of H1B holders. Now, in 2019, the current administration has published a notice of intent to roll back the program granting the EADs, arguing that too much competition with U.S. workers is created.

Program in Limbo Since 2015

The Obama administration granted the right to seek an EAD to H4 holders in 2014, but in 2015, a group called SaveJobs, comprised of ‘displaced’ U.S. tech workers, sued the administration, alleging that it had overstepped its bounds and that granting EADs to this group of nonimmigrants would make it harder for U.S. citizens to find work in technology. The group lost, appealed, and the case was continued multiple times, allegedly while the rule was being rewritten and refined.

Now, in 2019, a draft rule has been authored, rendering the lawsuit moot, as the proposed rule changes would eliminate the work permits (the issue that SaveJobs initially brought suit over). However, critics point out that only those who are already on the path to lawful permanent resident (green card holder) status are eligible for the EADs, and it would be economically inadvisable to “pull the rug out” from under families and people who are contributing to the economy.

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Posted on in Immigration

IL immigration lawyerSometimes, someone who has been waiting for a visa or another immigration status will want or need to travel abroad, but they may not have a passport or other valid status that will let them back in the United States upon return. Alternatively, sometimes someone in your family may need to be let into the U.S. quickly, especially in cases such as family emergencies. In both of these situations, the remedy is called parole - the latter is humanitarian parole, while the former is called advance parole. Both can be difficult - but not impossible - to get.

Advance Parole

Advance Parole (AP) is exclusively for those who are not in legal immigration status - for example, those who have been granted asylum or refugee status, those who are in the middle of adjusting status, and those who have been granted Temporary Protected Status (TPS). In some cases, it may be able to be granted for those who still have an asylum claim pending before the courts. AP allows someone who belongs to any of these groups, or a few select others, to be able to travel abroad and return to the country to continue waiting for their official immigration status to vest.

AP is necessary because, without it, anyone who lacks valid status essentially cannot leave the United States for any reason, no matter how serious. They would have no documents to show upon arriving back in the country and would be turned around in all but the most unusual cases. This is a problem not only because they may have a claim to legal status, but also because in some cases, spending too long out of the country will make U.S. Customs and Immigration Services (USCIS) determine that you have abandoned your application for status entirely. USCIS states explicitly that before leaving the U.S., anyone without legal status must have already been approved for advance parole.

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Posted on in Immigration

 IL immigration lawyerWhen removal proceedings are instituted against you, you will receive what is called a Notice to Appear (NTA) in the mail. An NTA essentially informs you officially that you have been placed in immigration removal proceedings, and that you must appear in front of an immigration judge at a date in the future to plead your case. This can be a worrisome situation, especially if you do not understand the nature of the proceedings or if there are other confusing details.

NTA Grants Time to Prepare

One important thing you should be aware of is that by law, you are entitled to at least ten days between your receipt of the NTA and your master calendar hearing, which is the hearing at which you go before the immigration judge and articulate whether or not you intend to fight removal. (Given the immigration court backlog as of this writing, your master calendar hearing may be very much delayed beyond 10 days.) In the time between receipt of the NTA and your master calendar, it is a good idea to verify that all the information on the NTA is correct, and to take steps to fix it if there is an error.

The NTA should have your correct name, address, and other biographical information, as well as your A-number (the number assigned to you for immigration court proceedings). It will also list the charges for which you are allegedly removable from the United States. Be advised that since July 2018, U.S. Citizenship & Immigration Services (USCIS) has increased authority to issue NTAs for issues that might otherwise not warrant someone being placed in removal proceedings, for example, if someone is lawfully present but their request to amend or adjust status is denied, thus leaving them out of status - even one day may be enough to warrant issuing an NTA and placing the person in removal proceedings, under the current administration.

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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.

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