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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

Posted on in Immigration

Chicago deportation defense attorneys, immigration status, ICE, undocumented immigrants, deportationOn April 5, 2018, U.S. Immigration & Customs Enforcement (ICE) raided a meat-packing plant in Tennessee, pulling almost 100 people off the job and holding them. While a person, regardless of his or her immigration status, has the right to refuse ICE entry into his or her home, he or she has no such right on the job. If a person’s employer grants ICE entry to the business, any immigrant employee inside is at their mercy. The nature of such raids can cause real problems not only for employers, but especially for their undocumented employees.

An Impossible Position

Generally, most undocumented people in the U.S. simply want to work and keep their head down, and as such, they ask few questions when looking for jobs to do. This can and does result in a higher proportion of undocumented immigrants in low-skill jobs or hands-on jobs like farming or factory work, where an employer needs bodies above all else—the rationale is that such jobs are often hard and dangerous work, and an undocumented person has little or no standing to demand increased wages or benefits, so the employer saves money. If someone complains, all the employer needs to do to quash such behavior is to threaten to report the employee to ICE.

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Chicago deportation defense attorneys, immigration law, Illinois immigration, deportation order, current immigration lawIn early April 2018, the U.S. Executive Office for Immigration Review (EOIR), a sub-entity of the Department of Justice, issued a memo to immigration judges stating that rules for judges would be modified in the near future. After modification, every immigration judge in the U.S. will be expected to complete at least 700 cases each calendar year. While some judges already do this, activists are concerned that this will lead to an overall lack of due process for those waiting in the system.

The Backlog is Long

The immediate reason for such action from EOIR is the U.S. immigration court backlog, which comprises hundreds of thousands of cases, each one representing a person who is entitled to due process rights and a hearing on their specific situation. TRAC immigration statistics show a currently pending backlog of 684,583 cases as of this writing, with average disposition time rising to over 700 days (more than two years) — in Denver and San Antonio, the average time to have one’s case heard is over 1,000 days.

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Chicago deportation defense lawyers, undocumented immigrant, removability, deportation order, immigration lawWhether an immigrant is documented or undocumented, he or she may one day receive what the Department of Homeland Security (DHS) calls a Notice To Appear (NTA). Receiving an NTA does not automatically mean that someone is going to be deported, but it does alert the recipient that there has been an alleged violation of immigration law. If you receive an NTA, it is imperative that you understand what it actually means, and why you may be on the proverbial hook. If you do not, it will harm your ability to put on a good defense.

Potential Outcomes

The sole reason why you might receive an NTA is because the U.S. government believes you are removable (deportable) from the country, for whatever legal reason. This does not only apply to undocumented immigrants; if someone enters the country legally and then overstays, or has committed a crime, he or she may also become removable. He or she will also receive an NTA if his or her situation requires it. The “appear” in the Notice To Appear is an advisory that you are permitted to plead your case before a judge, and to articulate any special circumstances.

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Chicago immigrant visa attorneys, conditional green cards, international marriage, green card holder, foreign marriageWhen a foreign national marries a U.S. citizen, they normally either do so abroad and enter the U.S. as a married couple, or they apply for a K visa for the fiance(e) and they enter and immediately marry.

Once the couple is married, the foreign national may apply for a green card (lawful permanent resident, or LPR) status based on the marriage. However, this is not immediately granted—in most if not all cases, a new foreign spouse of a U.S. citizen will receive what is called a conditional green card, with certain criteria that must be met after a two-year period. Only then will the conditions be removed.

Marriage Fraud is a Concern

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Chicago deportation defense attorneys, temporary protected status, deportation, non-immigrant visa, lawful permanent residentOn March 12, 2018, a lawsuit was filed in federal court in San Francisco by representatives of immigrants from four countries, alleging that the end to Temporary Protected Status (TPS) was racially motivated. Immigrants from El Salvador, Nicaragua, Haiti and Sudan filed in the Northern District of California seeking a reinstatement of TPS, or alternatively, a stay that would allow those with minor children of school age to remain until graduation. This is the third suit filed challenging the program’s end. While the decision will take time, these suits could wind up ultimately affecting TPS holders for the better.

TPS Provides Safety

Temporary Protected Status is a status granted by the Department of Homeland Security (formerly by the Attorney General) to nationals of countries deemed to have been affected by natural disasters or war to an extent where the country’s infrastructure has broken down. As of this writing, there are 10 countries whose nationals have TPS—Haiti, El Salvador, Somalia, Nicaragua, Nepal, South Sudan, Syria, Yemen, and Honduras. All these countries have experienced either significant natural disasters, such as the earthquakes in Haiti and Nepal, or periods of civil war or unrest, such as in Somalia or El Salvador.

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