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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

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
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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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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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Chicago immigration attorneys, international entrepreneur, immigration status, obtain immigration status, H1B visasWhile most immigrants who arrive in the United States seek to work in others’ businesses, there are a small amount who seek to start businesses of their own, and to employ others. The previous administration had sought to institute a rule called the International Entrepreneur Rule (IER) which would permit certain potential immigrants to be paroled into the U.S. if they met certain criteria. However, as of May 25, 2018, this rule is slated to be rescinded if no sufficient challenge is mounted. Immigrants who plan to start businesses in the U.S., or who work for an immigrant-owned business, should be aware of this because it may affect their employment status, or even their immigration status. 

Rule Created Jobs 

At the time of its issuance, the IER was hailed as a positive development because of its potential to create jobs for U.S. citizens and immigrants alike. If a potential immigrant was able to show that he or she (1) possessed a “substantial interest” in a startup created in the U.S. in the past five years and were in a position to help that company grow; and (2) that he or she and the company could provide a “significant public benefit” to the country via domestic and foreign investment and job creation (or otherwise merited an exercise of discretion), then he or she would be paroled into the country for a specific period of time. The presence of these well-placed people was a general net positive for many companies.

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Chicago immigration attorneys, I-601 Waivers, I-601 Waiver of Inadmissibility, undocumented immigrant,  immigration status, order of removalWhen someone enters the United States, he or she either does so at an inspection point, like an airport or shipyard, or he or she enters without inspection, by slipping over a border. Entering without inspection (EWI) does make someone undocumented, but many people become confused about the true meaning of EWI and its potential immigration consequences.

Inadmissible vs. Removable

One of the most important misconceptions about EWI is what it means to one’s immigration status. If someone is lawfully present in the U.S. and commits a crime or overstays his or her visa, then he or she becomes removable. In other words, he or she is able to be removed from the country. However, someone who has never been lawfully present in the U.S. cannot technically be removable, because he or she is legally not present. He or she is deemed to be inadmissible instead — one of many grounds for inadmissibility listed in U.S. immigration law.

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