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630-932-9100
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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

JOLIET

58 N. Chicago Street, Suite 500, Joliet, IL 60432

Phone: 815-727-4500

CHICAGO

105 W. Madison Street, Suite 2200, Chicago, IL 60602

Phone: 630-932-9100
Subscribe to this list via RSS Blog posts tagged in U.S. immigration law

Posted on in Immigration

IL immigration lawyerWhile the current administration seems to be a never-ending Pandora’s box of nightmares for immigrants both documented and undocumented, one question that often comes up for those choosing to become U.S. citizens is whether or not newly gained naturalized citizenship can be lost. The answer is yes, but only in very specific situations - or at least, this was the case until the current administration came to power.

Voluntary Loss of Citizenship

It is possible for any U.S. citizen to voluntarily declare they no longer want their citizenship. This is called renunciation, and it effectively gives up all rights and privileges associated with being a U.S. citizen, including the right to live in the country without requiring a visa. It must be done in front of a U.S. consular officer or other official at an embassy abroad, and it must be stated clearly that the oath to renounce is being sworn with the full intent of giving up citizenship - if it is not, it has no legal effect.

Unlike lawful permanent residents (‘green card’ holders), naturalized citizens do not run the risk of voluntarily abandoning their immigration status if they live abroad for a long time. Green card holders must reside continuously in the U.S. for at least five years prior to filing, and be physically present in the country for at least 30 months out of the most recent five years, or they will be deemed to have abandoned their claims. Naturalized citizens do not have this issue - unless they voluntarily renounce their citizenship or do something which comes with the effect of renunciation, citizenship is for life.

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Posted on in Immigration

naturalization, Chicago naturalization attorneys, lawful permanent resident, Certificate of Naturalization, U.S. immigration lawMany immigrants come to the United States and never decide to become citizens, instead preferring lawful permanent resident (LPR) status or any other nonimmigrant visa. However, many do decide to take the proverbial leap, but remain confused at times about what naturalization requires. Refreshing one’s memory can be helpful.

Requirements to File

Before one begins the process, it is a good idea to ensure that he or she is even eligible to do so. A person is generally eligible to naturalize if he or she is over the age of 18, has good moral character (no convictions for aggravated felonies), and has been a permanent resident for at least 5 years, or 3 if he or she is married to a U.S. citizen.

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Posted on in Immigration

Chicago immigration lawyer, ICE, U.S. citizens, undocumented immigrant, ICE arrestWhile no one wants to contemplate the idea, Immigration & Customs Enforcement (ICE) does make mistakes. After a certain period of time, these stop being mistakes, and become agency policy. Such has become the case—or very near the case—with ICE arrests of U.S. citizens.

While obviously, rescinding such a policy is the option most likely to restore agency credibility, in the meantime, it is imperative for both immigrants and U.S. citizens to be aware that this may conceivably be an option. It should never happen, but when it does, too often the arrestee may be caught off guard.

Recent Issues Place Deportation Detention in Focus

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b2ap3_thumbnail_registration-documentation-Chicago.jpgSince the takeover of the new administration, immigrants, both documented and undocumented, have been asking multiple questions about potential changes in enforcement at the state and federal level. One of the most common questions in recent weeks asks what an immigrant needs to be carrying on him or her in terms of documents that show status. The answer is that it will depend on the type of status you have.

“Registration” is Different

The relevant provision in U.S. immigration law is Sec. 262 of the Immigration and Nationality Act (INA), which holds that any alien over the age of 14, who has been or will be present for than 30 days, must “register” with the federal government. However, the word “registration” has been interpreted in very different ways depending on the category of visa the alien holds (or, obviously, if one is undocumented). Most of the time, registration happens automatically when one enters the country. One common example is the I-94 form, which is considered a registration document for most of those who enter via sea or air.

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DuPage County deportation defense attorneys, crimes of moral turpitudeIf you are an immigrant in the United States, you have likely heard of an aggravated felony, or are at least aware that committing a crime described as an aggravated felony can have serious immigration consequences. However, depending on your circumstances, you may not have heard of crimes of moral turpitude (CMTs). Until you obtain citizenship, if you so desire, committing a CMT can still have serious consequences for your immigration status.

Definitions and History

The designation of crimes of moral turpitude appeared in U.S. immigration law for the first time in the late 19th century, where it was defined as a crime involving conduct that is inherently dishonest or otherwise wrong; a crime that involves malice (‘malum in se’) rather than being wrong simply because there is a law against it (‘malum prohibitum’). For example, pedestrians crossing the street outside the confines of a crosswalk is not an inherently wrong act, but rather it is unlawful (‘malum prohibitum’). Conversely, deliberately striking a pedestrian with your automobile is inherently wrong and immoral (‘malum in se,’ which would qualify as a crime involving moral turpitude).

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