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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
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IL immigration lawyerIf you have a criminal record in any country, your application for immigration to the U.S. may be denied. Immigration officials will evaluate the nature of your crime(s) to determine whether or not you are legally admissible. If you are deemed inadmissible on criminal grounds, you may be able to obtain a waiver of inadmissibility. Your eligibility for a waiver will depend on several factors including the seriousness of the crime and how long ago it occurred.

Definition of Inadmissibility on Criminal Grounds

You will generally be considered inadmissible if you have been convicted of a crime of moral turpitude or if you have multiple criminal convictions. Moral turpitude is broadly defined as acts involving fraud, inherently evil intent, violence against people, and distribution of controlled substances. For example, arson is a crime of moral turpitude because it involves inherently evil intent; trespassing is a crime but not one of moral turpitude.

Crimes That Do Not Require a Waiver of Inadmissibility

A conviction for a crime of moral turpitude will generally make you inadmissible. However, there are several exceptions to this rule commonly referred to as the juvenile, sentencing, and political exceptions. You do not need a waiver of inadmissibility for these crimes:

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Posted on in Immigration

IL immigration lawyerGiven the capricious and very often cruel attitude of the current federal administration with regard to immigration proceedings, those who have to go through them have learned to try and be ready for anything. One of the things that will often come out of nowhere is a Request For Evidence (RFE), which can be sent at roughly any point during an application to adjust status, or while someone is in removal proceedings. Understanding what they are and what is required can be an enormous help in ensuring they are handled appropriately.

An RFE Is Not a Denial

It is critical to understand that an RFE does not mean an automatic denial - but failure to respond to one will absolutely raise the probability that your application for whichever immigration benefit will be denied. An RFE is literally a request for evidence, meaning that the immigration official currently reviewing your case would like more evidence regarding a certain part of your application, as without the information, they do not feel they can make an informed decision.

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IL immigration lawyerOn September 24, 2018, the Department of Homeland Security published a proposed draft of alterations to be made to immigration rules surrounding public assistance. The suggested rule change would drastically expand the categories of public assistance which would have a negative effect on a later green card or citizenship application. This has been proposed before, but the proposal is now more fleshed out and stands a chance of being adopted. This could pose real problems for immigrants later on.

A Racist and Ableist History

The initial public charge law came into being in the 1880s, before the Chinese Exclusion Act, and it explicitly barred “idiots, lunatics, convicts” and anyone “likely to become a public charge,” arguing that immigrants must be able to support themselves financially and be self-sufficient. The law was rigidly enforced until after World War II when its enforcement began to dwindle upon the general public becoming more aware of its eugenic roots. Public charge has remained on the books, but only selectively enforced, since then, though it briefly was in the news in the 1990s after efforts at welfare reform.

Not until earlier in 2018 has the law been discussed in the same problematic terms as it was at its inception, with DHS Secretary Kirstjen Nielsen declaiming that all immigrants must be able to support themselves financially. While on paper this is logical, the problems are clear: this would openly discriminate against disabled people, as well as those from developing countries that would simply not be able to meet the threshold for assets that would be required.

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IL immigration lawyerMost of the immigrants in the United States do work, including some who are present without inspection, and sometimes it can be a bit of a balancing act between immigration law and employment anti-discrimination provisions for employers. Conversely, an employer may try too hard to abide by immigration regulations and comply with E-Verify regulations, and wind up breaching an employee’s rights. Having at least a basic understanding of the whole picture can help clarify matters for you so that you can take appropriate measures if you feel your rights have been infringed.

What Is E-Verify?

E-Verify is a program instituted in 1996 that allows businesses to test whether their workers are in valid immigration status upon hiring (it is not permitted by law to test workers after their hiring date). The program compares the data from an employee’s I-9 form, the Employment Eligibility Verification Form, to the national database. If the information matches, the employee is deemed eligible to work. If not, the employer will be alerted and the employee will either have to sort out the error, or they will be treated as having committed an immigration violation.

E-Verify is utilized somewhat differently by every state, with many requiring it, while others actively discourage its use due to perceived bias and errors in the databases used to compare records. It is remarkable, however, that the states whose use is infrequent are not those one might think. Texas and Florida both have significant undocumented populations, with the accompanying amount of anti-immigrant sentiment, but less than one-third of new hires are screened with E-Verify. Illinois actually attempted to ban the program’s use in 2007, though the law was eventually struck down. The modified law permits the use of E-Verify, but does not encourage it, and requires a sworn statement that the employer has gone through training on the program’s potential issues.

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Posted on in Immigration

IL immigration lawyerSometimes, someone seeking a way to stay in the U.S. may have nothing tangible to rely on. They may not qualify for Deferred Action for Childhood Arrivals (DACA) or have a valid asylum claim, and they cannot adjust status because of a criminal record or because they arrived in the country as an undocumented immigrant. In these types of situations, especially if you are in removal proceedings, the best option that may be available is called cancellation of removal. It will not work for everyone, but it may be a possible method by which you or a loved one can remain in the United States.

Mostly For LPRs

Cancellation of removal is a form of deportation relief that is almost entirely discretionary, meaning that the immigration judge in charge of your case can choose whether or not to exercise it. This is markedly different from other methods of relief, which are usually codified in the law - for example, the Violence Against Women Act (VAWA) explicitly contains language allowing some abuse victims to adjust status to that of a green card holder if they can prove certain facts about their mistreatment. Cancellation of removal is sometimes called prosecutorial discretion, even though it is most often judges (not prosecutors) who are able to use it.

Cancellation of removal is available most often to people who are lawful permanent residents (LPRs), or in other words, green card holders. The Attorney General may exercise their prerogative to cancel the removal of any green card holder who has (1) resided in the U.S. for at least 7 years while in legal status; (2) has been an LPR for at least 5 years; and (3) has not been convicted of any aggravated felony - in other words, does not have a major criminal record.

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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 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 Law Offices LLC to find the attorney they need.

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