Deportation Defense Lawyers in Skokie
Representing Clients in Removal Proceedings
Deportation is a very complex issue that is emotionally draining and that impacts immigrants and their loved ones daily. For undocumented individuals, being arrested by immigration detention officials and being ordered to leave the U.S. are the most frightening things a person can face. Every year, thousands of families are torn apart because of removal proceedings. Receiving a notice to appear before an immigration court is a very serious matter. Your future is at stake.
If you or your family member has been detained, it is important to remember that even undocumented immigrants have rights, too. The United States government cannot remove you without due process of law. Having said that, you will have to present yourself in a removal hearing in an immigration court. Our trusted deportation defense attorneys in Skokie can help present a strong defense to protect your rights and your ability to remain in the country.
You Need an Aggressive Defense
Immigration falls under administrative law. Its rules and procedures are unique and very complicated, making it extremely important for an individual who faces deportation to seek the assistance of a highly skilled deportation defense attorney in Skokie. Removal proceedings—whether based on inadmissibility or deportability—affect your ability to remain in the United States as well as your ability to come back to the United States in the future.
The Deportation Process
So what is the court process for removal proceedings? Understanding the process you face will help you ensure that your rights are not violated and that you are ready for what is to come.
In a nutshell, the process goes as follows:
- The government presents the "NTA.” The NTA is the "Notice to Appear" before the court, as the demand for deportation. Any civil suit (not criminal) is an opportunity to answer the allegations.
- Attend master calendar hearing. This is a hearing to answer the allegations in the NTA. Think of it as a status hearing. Pleadings are typically taken at this stage.
- Determine eligibility for bond. This is a deposit delivered to the court to ensure someone’s appearance in court. Everyone is entitled to ask for a bond except for those with previous deportations or certain crimes.
- Individual hearing. This is a hearing on whether the immigrant can show if they are eligible for the relief requested.
You might be wondering why the government might decide to remove or deport someone for the United States. Immigration officials always have one eye open, looking for anyone who has violated U.S. immigration laws.
Some of the most common reasons for deportation or removal include:
- Crimes of moral turpitude, including petty theft, forgery, fraud, and money laundering
- Aggravated felonies such as robbery, burglary, kidnapping, and sexual battery
- Drug possession and drug trafficking
- Domestic violence
- Firearms violence
- Violation of status, such as overstaying a visa or failing to notify the government of a change of address
- Failing to register or falsifying documents relating to entry into the United States
- Unlawful voting
- Illegally re-entering the country
- Encouraging or aiding any other alien to illegally enter the United States
- Engaging in activity that endangers public safety or creates a risk of national security
If you have received your Notice to Appear for deportation or removal, do not wait to hire an experienced Skokie deportation defense attorney. Gambacorta Law can start defending you right away.
While there are many strategies used to fight deportation, some of the more commonly used include:
- Cancellation of Removal – If you have been a U.S. citizen for over 10 years, have a history of good character, and can prove your removal would cause undue hardship on you and your dependents, you could file for a cancellation of removal and qualify for legal permanent residency.
- Adjustment of Status – Sometimes changing your current immigration status is all it takes to stop the deportation process. You may be able to stay in the country because of your qualifying relationship to a cousin, sibling, or spouse. An adjustment must be approved by a judge, but once it is, your deportation will be canceled.
- Asylum – Our attorneys may be able to prove that returning to your country could cause physical harm or that you may be persecuted due to your religion, race, gender, etc. If you have already been a victim of past persecution, you can also qualify for asylum.
If you are facing the threat of deportation or removal, do not wait any longer to retain a trusted immigration lawyer. Gambacorta Law can build a strong defense to protect your rights and help you stay in the U.S.
Call us at (847) 443-9303 to get started.