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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

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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Lombard immigration lawyerOn August 29, 2018, Immigration & Customs Enforcement (ICE) raided a trailer manufacturing company just north of Dallas, TX, detaining approximately 160 people, all of whom ICE characterizes as undocumented workers. The company was raided after tips came to ICE that undocumented people had been hired and that the company would simply “pay the fine and go on” if adverse consequences came their way. This does not, however, take into account the pain experienced by those caught in the raid. If you or a loved one has been detained by ICE after a workplace raid, rightly or wrongly, you do have rights, and they must be respected even while in detention. 

Workplace Raids Are Up Under the Current Administration

While the Trump administration may argue that workplace raids cut down on the number of undocumented workers in the United States, many people do not see the psychological cost that these raids exact. Studies have shown that psychological stress can be transmitted from parent to child, with heightened rates of depression and anxiety documented as those children age. Between the psychological and practical costs, it can be easy to feel as if there is no hope if you or a loved one has been detained in a workplace raid. 

The current presidential administration has doubled the number of workplace raids, citing them as a tool to combat undocumented immigration, though the proverbial jury is out on the efficacy of such tactics. The Obama administration preferred to pursue employers of undocumented immigrants, filing lawsuits and auditing paperwork (the number of audits rose noticeably under Obama). They referred to this policy as a choice to place the onus in complying with immigration law on employers rather than the average person - in other words, punishing employers for hiring rather than punishing undocumented people for trying to find work. 

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Chicago deportation defense attorney, expedited removal, undocumented immigrants, due process rights, immigrant rightsOn June 23, 2018, the President Trump tweeted what appears to be a message advocating for the blanket deprivation of due process rights for all undocumented immigrants, which would, in his mind, also include asylum seekers. As it stands under the current metrics of U.S. law, such a proposal is both illegal and unconstitutional, to say nothing of utterly morally indefensible. However, it does raise an important point: Everyone should be aware of the due process rights they possess under relevant law. Knowing your rights may save you one day.

Everyone Has Due Process Rights

While many U.S. citizens may be unaware of the fact, all immigrants (even the undocumented) have due process rights. The Fifth and Fourteenth Amendments have been ruled to apply to everyone within the country’s borders, interpreted through a multitude of cases — most recently Zadvydas v Davis (2001) in which the Supreme Court held that the due process clause applies to “all persons within the United States.” Not all the rights granted to a U.S. citizen or documented immigrant may be granted to the undocumented — voting is prohibited, obviously, and they are not eligible for most federal benefits, though documented immigrants may be.

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Posted on in Immigration

Chicago deportation defense attorneys, deportation order, lawful permanent resident, child immigrants, immigration statusWith the events occurring at the United States’ southern border, the status of young immigrants has been a hot button issue for everyone. While most of the problems in Texas and Arizona center around children who arrived in the U.S. with their parents, however, there are other categories under which a child may seek asylum or other lawful status in the country. One of the most common is as a Special Immigrant Juvenile (SIJ), which is, as are so many other types, under attack.

The Basics

A person under age 21 can apply for Special Immigrant Juvenile status upon arrival in the United States if he or she can show that his or her protection of a juvenile court is required — usually because he or she has been abandoned or abused (or neglected, which is considered a form of abuse) by a parent — and all the criteria is met. If SIJ status is granted, it will often lead to a grant of lawful permanent residency (in other words, a green card).

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Chicago immigration attorneys, immigration, undocumented immigrant, undocumented work, Illinois immigration lawIn this day and age, it can feel as though an immigrant, in particular an undocumented immigrant, has no rights at all in the United States. This is simply not true — and many times, those who may seek to infringe upon rights count on immigrants not being aware of them. If you are in the country without inspection, knowing what you can and cannot do can make a difference in how quickly you can respond to a serious situation.

Education and Public Benefits

Children in the United States are entitled to a free public education up to grade 12, regardless of their immigration status, as confirmed in the Supreme Court case Plyler v. Doe (1982). This means that schools cannot restrict any child from attending primary or secondary school as long as they are under age 21 — this extends to requiring immigration information from parents, as well. In other words, a school district may not require any kind of identifying information that marks someone as a citizen or non-citizen, because to do so might have the effect of undocumented children being kept out of school.

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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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