DuPage County Immigration Attorneys | Mevorah Law Offices LLC - Page 10
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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

Immigration

Chicago deportation defense attorneys, deportable, deportation order, domestic violence, asylumSince the beginning of 2018, the current Attorney General has set aside at least four rulings handed down by the Board of Immigration Appeals (BIA), which is a subsidiary of the Justice Department dedicated exclusively to appeals from immigration judges’ rulings. Instead of allowing the BIA’s rulings to stand, he has taken these cases from its jurisdiction. Given the rarity of this action in most administrations, immigration professionals are postulating that one of these, Matter of A-B-, may be used as a test case of sorts against the rights of asylum applicants who have experienced domestic violence. If the Attorney General rules against the appellant in Matter of A-B-, it may sentence domestic violence victims to death upon their return to their home country.

Can Domestic Violence Victims Get Asylum?

Both the 1951 Geneva Convention and U.S. immigration law normally define a refugee or asylee as someone who is “unable or unwilling to return to his or her country of nationality, or to seek the protection of that country because of [past] persecution,” or a well-founded fear of persecution. That persecution must be based on one of five unchanging characteristics—race, religion, nationality, political opinion, or membership in a particular social group. Under U.S. law, the state must either be the agent of persecution, or it must be shown that the state either cannot or will not stop the persecution.

It is because of this last caveat that the applicant in Matter of R-A- (2009) was able to obtain asylum. The applicant was a Guatemalan woman, the wife of a man who repeatedly physically assaulted her, and given his connections in Guatemalan society, she alleged that she was not able to be safe anywhere in her country. The BIA held that the applicant had demonstrated that the state was unwilling or unable to stop what amounted to persecution based on her membership in a particular social group (domestic violence victims with specific characteristics), and as such, granted the applicant asylum. The law on these issues has been refined since 2009, but the fundamental crux of the issue is that domestic violence victims have been able to get asylum in the U.S. if all the relevant facts have been demonstrated to the satisfaction of the authorities.

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naturalization, Chicago naturalization attorneys, naturalization interview, US immigration law, citizenshipMany immigrants who have lived in the U.S. for years make the decision to become naturalized citizens. In order to naturalize, a person must go through an interview in addition to submitting an application and documentation. However, some applicants are not able to meet the criteria and accommodations must be sought. If you are disabled or otherwise unable to meet one of the requirements for the interview, there is a procedure that must be followed.

General Accommodations & Exceptions

While age or other certain conditions are not considered disabilities, per se, it is possible sometimes to seek accommodation for an elderly applicant or for someone who has another condition that may not rise to the level of medical disability.

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Chicago deportation defense attorneys, deportation order, deportation proceedings, deportable offenses, US immigration lawOn April 17, 2018, the U.S. Supreme Court issued a decision in the case of Sessions v. Dimaya, which effectively struck down a law called the Armed Career Criminal Act (ACCA) as being void for vagueness. In other words, the provisions of ACCA that had been used to render immigrants deportable were held to be too vague to be used as applicable immigration law. The question many might ask is whether or not this ruling could affect pending cases before an immigration judge.

Aggravated Felonies and ACCA

The Armed Career Criminal Act was passed in 1984, and it grants the power to courts to impose additional sentence enhancements on felons who commit three or more violent felonies or “serious drug offenses,” allowing for a 15-year minimum instead of a 10-year minimum. This law’s residual clause has also been construed as holding that immigrants who qualify for sentencing enhancements under the ACCA are removable, because ‘crimes of violence’ or violent felonies almost always qualify as deportable offenses under the Immigration & Nationality Act (INA).

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Chicago immigration attorneys, I-601 Waivers, I-601 Waiver of Inadmissibility, undocumented immigrant,  immigration status, order of removalWhen someone enters the United States, he or she either does so at an inspection point, like an airport or shipyard, or he or she enters without inspection, by slipping over a border. Entering without inspection (EWI) does make someone undocumented, but many people become confused about the true meaning of EWI and its potential immigration consequences.

Inadmissible vs. Removable

One of the most important misconceptions about EWI is what it means to one’s immigration status. If someone is lawfully present in the U.S. and commits a crime or overstays his or her visa, then he or she becomes removable. In other words, he or she is able to be removed from the country. However, someone who has never been lawfully present in the U.S. cannot technically be removable, because he or she is legally not present. He or she is deemed to be inadmissible instead — one of many grounds for inadmissibility listed in U.S. immigration law.

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Chicago deportation defense attorneys, immigration status, ICE, undocumented immigrants, deportationOn April 5, 2018, U.S. Immigration & Customs Enforcement (ICE) raided a meat-packing plant in Tennessee, pulling almost 100 people off the job and holding them. While a person, regardless of his or her immigration status, has the right to refuse ICE entry into his or her home, he or she has no such right on the job. If a person’s employer grants ICE entry to the business, any immigrant employee inside is at their mercy. The nature of such raids can cause real problems not only for employers, but especially for their undocumented employees.

An Impossible Position

Generally, most undocumented people in the U.S. simply want to work and keep their head down, and as such, they ask few questions when looking for jobs to do. This can and does result in a higher proportion of undocumented immigrants in low-skill jobs or hands-on jobs like farming or factory work, where an employer needs bodies above all else—the rationale is that such jobs are often hard and dangerous work, and an undocumented person has little or no standing to demand increased wages or benefits, so the employer saves money. If someone complains, all the employer needs to do to quash such behavior is to threaten to report the employee to ICE.

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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.

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