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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
Subscribe to this list via RSS Blog posts tagged in Illinois immigration law

Posted on in Immigration

IL immigration lawyerIt may seem somewhat counterintuitive, but H1B visas, which are nonimmigrant visas granted to highly skilled workers, are essentially given via lottery every fiscal year and have been for roughly the last decade and more. Citing the slapdash nature of the process, the current administration has sought to streamline and refine it - however, the changes being proposed are far from uniformly approved. New proposed modifications also continue to come in, sometimes from presidential tweets and other unlikely or untrustworthy sources, which makes the process arguably even more chaotic.

The Process Is a Gamble

H1B visa holders are foreign workers that are allowed to be employed by U.S. companies temporarily, for so-called “specialty occupations.” Specialty occupations are defined as those requiring “theoretical and practical application” of a body of “highly specialized knowledge” in a host of different fields, including biology, chemistry, law, economics, theology, and many others. They must hold at least a bachelor’s degree or its equivalent, and the period of employment is three years, extendable to six before one must reapply for a new visa.

An H1B visa is somewhat unique in that it is perhaps the only visa where an employer puts forth the effort to apply, and yet is not guaranteed a satisfactory result. There is a cap on the category, allowing 65,000 H1B applications to be granted, and 20,000 H1Bs to be granted under the so-called ‘masters’ cap’ for those with advanced degrees from U.S. schools. If your application is not chosen, the fee is refunded, but that is that - you are not permitted to work in the job that would require the visa. This can be catastrophic for many, especially if they had planned around receiving the job.

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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 lawyers, immigration detention, child detainees, Illinois immigration law, unaccompanied minorsAs if the news of the United States government’s losing track of 1,475 unaccompanied minor children ostensibly placed with sponsors was not cause enough for concern, a recent proposal from the Department of Homeland Security (DHS) seeks to further modify the latitude that the federal government is able to exercise over the treatment of child detainees. While still a working draft, the proposal is replete with potential modifications that would allow leeway for legitimized abuses of power that would appear to serve no purpose other than the exercise of that power. It is imperative that parents be aware of the proposed changes, so that they may be better prepared to work against them if it is ever required in their situation.

Transfers and Detentions

Perhaps the most immediate threat is that the proposal seeks to modify transfer regulations and to alter the rules surrounding separating families in detention. As of this writing, a document called the Flores Settlement Agreement serves as a federal consent decree governing the treatment and transfer of people in federal immigration custody, and limits the detention of children in immigration jails, instead requiring their transfer to a family residence facility within 5 days. The current administration would seek to relax that period, potentially opening the door to confining children of all ages in detention facilities, without access to important necessities.

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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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Posted on in Immigration

Chicago deportation defense attorneys, expedited removalIn the current immigration climate, the concept of expedited removal is often bruited about by those in the know. However, many, including professionals, are unclear as to what expedited removal actually is, versus what it has been, versus what the current administration intends for it to be. The concept is complex, and if you or a loved one are going to be in a situation where you face the threat of being removed, it is critical that you know your options.

Origins of the Procedure

The concept of expedited removal—when a potential visitor or immigrant is turned around without being permitted a hearing or indeed many other due process rights that citizens possess—was first propagated in 1996, in the text of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). At the time, the procedure was only used against those who met the following characteristics:

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