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630-932-9100
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Mevorah Law Offices LLC
630-932-9100
DuPage County Attorneys

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900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

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Phone: 630-529-4761

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Phone: 630-443-0600

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Phone: 815-727-4500

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Phone: 630-932-9100
Subscribe to this list via RSS Blog posts tagged in Immigration law

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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Chicago deportation defense lawyers, immigration enforcement, ICE, due process, Immigration lawIn this day and age, immigration enforcement has taken on an angle that many see as cruel. Media in the U.S. and in other countries have spoken up regarding the behavior of Immigration & Customs Enforcement (ICE), and immigrant rights groups in the country are making certain that the issue remains at the forefront of discussion.

However, in the midst of the actions being taken against both documented and undocumented immigrants, it is imperative to remember that immigrants, especially the undocumented, have rights. You are entitled to due process, even if you are in ICE custody.

Due Process Rights Are Clear ...

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Posted on in Immigration

Chicago immigration lawyers, immigration law, deportation, waiver of inadmissibility, unlawful presence waiversBeing deported can put a person’s entire life on hold. If it happens to you, you have every right to want to return as quickly as possible. However, depending on your situation, you may not be able to do so without waiting a very long time, if you want to do so legally. Before putting the process in motion to return to the U.S., it is a good idea to learn if it would even be possible, and how long it might take.

Bars and Waivers

If you or a loved one have been deported, it is because you were found to be in violation of some provision of U.S. immigration law, most often the Immigration & Nationality Act. Depending on the nature of the offense, immigrants who are deported are subject to what are called bars, which last either five, ten or twenty years. In rare cases, there is a permanent bar, but that tends to be reserved for those who commit offenses like entering the country without inspection (unlawful entry) after being deported, given the rationale that the consequences of such an act were already spelled out for those people. Normally, a deportee must wait this time out; however, he or she may be eligible for a waiver of the offense in certain circumstances.

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