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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

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
Subscribe to this list via RSS Blog posts tagged in Immigration law

IL immigration lawyerThe Trump administration is debating whether or not to “ban entry of migrants” at the U.S.’s southern border, in a manner similar to the “travel ban” enacted in January 2017. This is in reaction to the so-called “migrant caravan” currently making its way through Mexico - similar groups have tried and succeeded to reach the U.S. border, with a more organized group making it to Tijuana in April 2018. What the administration does not appear to understand - or care about - is that asylum is an ancient right enshrined not only in U.S. law, but in international law, and to flout it may bring serious issues to their doorstep. For immigrants and asylees here, it may throw their futures into sharp uncertainty.

Seeking Asylum Is Not Illegal

Despite the fondest wishes of the current president, seeking asylum is not illegal; quite the contrary. The right to seek freedom from persecution is a right that dates back to the Biblical era, though it most commonly is brought up in discussing the policies of the medieval Catholic Church. Even murderers were permitted to seek sanctuary in certain church properties in the United Kingdom, though the system was eventually abolished in the country (along with the Catholic Church) in the 17th century.

In the modern era, the right to seek asylum was one of the centerpieces of the Universal Declaration on Human Rights, as well as being explicitly enshrined in the 1951 Geneva Convention Relating to the Status of Refugees (which the U.S. did not sign, despite it being the seminal authority on refugee issues) and the 1967 Protocol on the same topic (which it did). Asylum is an internationally recognized right, even extending beyond the original definition to victims of domestic violence (before the current administration rescinded it), to sexual minorities and more people who need the help. To unilaterally shut down the right to seek political asylum would be in violation of international law.

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Posted on in Immigration

Chicago deportation defense lawyers, Immigration law, deportation, deportation order, aggravated felonyIt is generally understood that when someone commits a crime, he or she is tried, convicted if enough evidence exists, and then goes to serve his or her sentence. However, if the defendant is an immigrant (documented or undocumented), then a criminal conviction can have further consequences which can, in certain circumstances, impede his or her ability to remain in the country. If you are a non-citizen accused of a crime, it is absolutely critical that you and your attorney understand what not to do in criminal matters.

Immigration Law is Severe

United States immigration law holds that in all but unusual situations, those who commit certain crimes are immediately rendered removable from the country. There are two types of crimes that will render a person removable. The first is called a crime of moral turpitude (CIMT), and the Immigration and Nationality Act holds that if a person commits two CIMTs in the period since his or her admission to the country, or if he or she commits one in his or her first five years in country where the maximum sentence is more than one year. It is important to understand that the maximum must be more than one year — it does not matter if the defendant received a lesser sentence; if the maximum is over 365 days, the defendant is deportable.

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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 deportation defense lawyers, stay of deportation, deportation order, deportation, cancellation of removalMost immigrants who petition for a stay of deportation or removal will do so based on a law they believe helps their case. Sometimes, however, an undocumented person has to depend on what is called a cancellation of removal, which is essentially prosecutorial discretion, allowing him or her to stay in the U.S., though he or she technically lacks the right to remain. Among the requirements that must be demonstrated, the immigrant must show at least “exceptional” hardship to a U.S. citizen if he or she was to be deported. This standard has become all but impossible to meet.

The Requirements

In order to qualify for cancellation of removal under the Immigration & Nationality Act (INA), three requirements must be met. The alien must (1) not have been convicted of certain offenses and generally been a person of “good moral character” during his or her stay in the United States; (2) resided in the U.S. for at least 7 years (or been physically present for 10, if he or she seeks to adjust status); and (3) he or she must establish that his or her removal would result in “exceptional and extremely unusual hardship” to his or her U.S. citizen (or lawful permanent resident) spouse, parent, or child.

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