Deportation or Removal Defense is a very complex issue that is emotionally draining which impacts immigrants and their loved ones on a daily basis. For those undocumented individuals, this is one of the most frightening thing a person can face if he or she gets arrested by immigration detention officials and being ordered to leave the United States, leaving behind your children, home, and job. Every year, thousands of families are torn apart because of the said removal proceedings. Indeed, to have received a notice to appear before an Immigration Court is a very serious matter. Your future is at stake.
Immigration is under the administrative law. Its rules and procedures are unique and very complicated, making it extremely important for an individual who faces deportation or removal seriously consider seeking the assistance of a highly skilled deportation defense attorney. Removal proceedings, whether base 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.
If you or any of 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 with your trusted defense attorney to be and present the strongest defense possible.
First of all, let us begin with the process. What is the court process anyway? In a nutshell, the process goes as follows:
Now, if we take the deportation hearing and place it into context, what could be some reasons for why the United States government desires/is mandated to remove/deport someone from the United States? Consider the following:
HOWEVER, THERE ARE SOME WAYS, TOO, THAT YOU CAN “AVOID” EXPULSION FROM THE UNITED STATES.
► ASYLUM—you may use this strategy if you can show reasons to fear for your safety or persecution of you are to return to your country of origin. Two types of Asylum:
1. Affirmative Asylum
Below are the steps to obtain asylum through affirmative asylum process. But these do not apply to those asylum-seekers are already in removal proceedings before an Immigration judge.
Step 1: Asylum-seeker arrives in the United States. You may apply for asylum while physically present in the United States or at a port of entry, regardless of your immigration status.
Step 2: Asylum-seeker Applies for Asylum. You may apply for asylum with USCIS only if you are not in immigration proceedings before the immigration judge, meaning, you have not been placed in removal proceedings. Asylum applications must be filed within one year after your arrival in the United States, unless you can demonstrate changed circumstances that affect eligibility for asylum or extraordinary circumstances relating to the delay in failing to apply for asylum within one year. That said, you must apply within a reasonable time given those circumstances. To apply, you will need to complete form I-589, Application for Asylum and for Withholding of Removal, and must mail a completed application package to the Service Center that has jurisdiction over your place of residence. Once the Service Center has received your completed application, the Service Center will send the applicant a notice acknowledging receipt of application. You may also ask for a derivative asylum status for you spouse and children who are physically present in the United States. Your child or children must be under 21 years of age and not married at the time you are filing the application.
Step 3: You are fingerprinted and your background security checks conducted. You will need to to go to an Application Support Center or authorized Designated Law Enforcement Agency to have your fingerprints taken. The fingerprints will be sent to the Federal Bureau of Investigation (FBI) for a background/security check. The FBI will send those results to USCIS. A copy of the application will be sent to the U.S. Department of State for a background/security check. Your biographical information will also be sent to the Federal Bureau of Investigation (FBI) and the Central Intelligence Agency (CIA) for a background check, and Immigration will check other law enforcement databases with the asylum-seeker’s biographical information.
Step 4: You will receive an Interview Notice. You will then be scheduled for an interview with an Asylum officer, either at one of the eight asylum offices or at a district office, depending on your residence. Generally, you will receive the interview notice within 21 days after filing the application.
Step 5: You will be interviewed by an Asylum Officer. You have the right to bring your attorney or accredited representative to the interview. You must bring your spouse and/ or children who are included as dependents in the asylum decision. The interview will generally last about an hour. The time, however, may vary depending on the case. You will be asked to take an oath promising to tell the truth during the interview. The asylum officer will ask you about your reason in applying for asylum and at the same time, the asylum officer will ask you questions to determine if you meet the definition of a refugee and whether bars apply to being granted asylum. Regulations protect the confidentiality of all of your information that you have provided the Asylum officer. A decision is not made at the asylum interview.
Step 6: Asylum officer makes determination on eligibility and supervisory asylum officer reviews the decision. In certain cases, such as those involving possible persecutors are referred to the Asylum Division Headquarters for review.
Step 7: You will receive the decision. In most cases, you are required to return to the asylum office two weeks after the interview to receive a decision on your application. If you are eligible for asylum, you will either be given a final approval letter depending on whether the asylum office has received the information from the FBI background or security check. Once information has been received and all other background security checks are completed, the Asylum officer will issue a final approval of the asylum application. If you are not eligible for asylum, you will either be referred to an Immigration Court or will receive a Notice of Intent to Deny asylum. This depends on whether you appear to be in the United States illegally. If you are not in lawful status in the United States, the asylum office will issue you a charging document that would place you in removal proceedings in Immigration Court. The asylum office will also refer the asylum application to the Immigration Court for an Immigration Judge to decide during the removal proceedings. You will be given the date, time, and place of the hearing when you return to the asylum office to receive the asylum decision. If you are in lawful status, the asylum office will not refer you to the Immigration Court. Instead, the asylum office will send you a Notice of Intent to Deny explaining the reasons you have been found ineligible for asylum. You will be given 16 days to provide a response before the final decision is made. After reviewing your response, if one is sent, the asylum office will either approve the asylum application (based on the response) or deny it (if the response does not overcome the reasons you were found ineligible for asylum).
2. Defensive Asylum
This is when your asylum is denied and is referred to an immigration judge. If you can establish that you have been a victim of past persecution or has a well founded fear of future persecution based on race, religion, nationality, political opinion, or membership in a particular social group, the immigration judge may grant relief in the form of asylum and allow you to remain in the United States.
► CANCELLATION OF REMOVAL—this is another avenue to avoid deportation. This is one great form of relief that is available to those who are permanent residents, nonpermanent residents, and to those who are in the country unlawfully. If the court grants you cancellation of removal, then your deportation proceeding will be canceled and you will now be allowed to live in the United States as a green card holder. The cancellation of removal may be granted to the following individuals:
BUT REMEMBER! The essence of a good cancellation case is the preparation of a case showing the requisite hardship to a qualifying relative.
► ADJUSTMENT OF STATUS— This mechanism can be used as a defense in a removal proceeding. If you are in a removal proceedings, you may be eligible to remain in the country through an immediate relative, such like spouse, children, parent/s who are U.S. citizens. You must have entered the U.S. legally to be eligible for such relief unless covered by section 245(i) of the Act. When an application for adjustment is filed in removal proceedings, the Immigration Judge and not the USCIS will decide whether or not to grant adjustment of status. If the Immigration Judge approves the adjustment, then you will become a lawful permanent resident and the deportation proceedings will be terminated.
► VOLUNTARY DEPARTURE—This type of relief allows you to leave the United States on your own, rather than under a removal order. Voluntary departure allows you to leave the U.S. without a removal order being issued by the Immigration Judge.
Always remember that if you face a removal proceeding, it is most important to contact a deportation lawyer AS SOON AS POSSIBLE. The Gambacorta Law office’s goal is to make defenses quickly and precisely in these delicate situations. We will help you look for ways to avoid removal or at least, minimize the consequences.
To find out more about the procedural steps involved and an estimate of fees, call or email us today for your free in-depth consultation!
Immigration falls under administrative law. Its rules and procedures are unique and very complicated, making it extremely important for an individual facing deportation to seek the assistance of a highly skilled deportation defense lawyer 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 re-enter the United States in the future.
Facing deportation without expert representation can significantly impact the outcome. Our team is dedicated to offering thorough preparation and strategy to ensure your best chance at a successful defense. Additionally, staying informed about changing immigration laws can be instrumental in your case. Our attorneys are continually updated on legal precedents that may affect your particular situation.
We can assist you by:
Comprehensive Legal Knowledge: Navigating the complexities of immigration law requires deep knowledge and experience. We possess a thorough understanding of immigration regulations and proceedings. Whether you are facing deportation due to visa violations, criminal convictions, or other immigration issues, we know to craft a strategic defense tailored to your unique situation.
Personalized Case Evaluation: We understand that each deportation case is unique and requires a personalized approach. When you choose Gambacorta Law, we will thoroughly evaluate your case.
Aggressive Defense Strategies: Deportation proceedings can be daunting, but our team is here to vigorously defend your rights. We will explore all available legal avenues to challenge deportation orders, seek relief from removal, or pursue alternative forms of relief such as asylum, cancellation of removal, or adjustment of status.
Court Representation: Facing an immigration judge can be intimidating, but you don’t have to face it alone. We are seasoned litigators with extensive experience representing clients in immigration courts.
Appeals and Post-Conviction Relief: If you have already received an unfavorable decision in your deportation case, don’t lose hope. We can help you navigate the appeals process or explore avenues for post-conviction relief.
Compassionate Support: Deportation proceedings can take a toll on you and your loved ones. At Gambacorta Law, we provide compassionate support throughout the entire legal process.
Beyond the courtroom, we offer guidance on the broader impacts of immigration actions, such as family reunification efforts and how past offenses might affect future opportunities. Preventative measures and proactive steps often save time and stress in these complex matters. By retaining our Skokie deportation defense team, you gain a partner committed to protecting your future in the U.S.
In Skokie, several local resources can aid individuals navigating deportation defense. The Illinois Coalition for Immigrant and Refugee Rights offers various support services, including legal guidance and community support. Staying connected with such local entities can provide moral and informational resources to those under a potential deportation threat. Understanding the local scene and integrating it into your defense strategy ensures that you’re not only prepared legally but are supported by a network of local advocacy groups.
The Skokie Public Library holds frequent informational sessions that cover immigration topics. These sessions are invaluable for keeping abreast of current immigration trends and knowing how community resources can be leveraged during legal proceedings. With a deportation defense attorney by your side, you can efficiently navigate these community resources, ensuring that you are well-prepared for each step of the legal process.
There are common triggers for removal proceedings that individuals should be aware of. Missteps such as overstaying a visa or failing to adhere to visa conditions can initiate a deportation process. The local immigration enforcement in Illinois is particularly vigilant regarding violations like unlawful employment and residency issues. Skokie’s proximity to major urban centers also means that immigration checks can be more frequent, so it’s critical to stay updated on your immigration status and consult with legal counsel if you suspect any potential issues.
While immigration laws are federally mandated, Illinois state laws can influence certain aspects of your life that indirectly affect your immigration status. For example, Illinois has state laws protecting immigrant rights to health care and education, which can help demonstrate your ties to the community if you face deportation proceedings. Local initiatives and laws supporting “sanctuary” practices can also impact the degree of cooperation between local and federal law enforcement regarding immigration enforcement.
When meeting with a deportation defense attorney, preparing documentation will help facilitate a thorough discussion. Essential documents include any notices from immigration authorities, copies of previous applications for immigration benefits, a record of your current immigration status, and any criminal records if applicable. Additionally, personal documentation, such as pay slips, letters from employers, or testimonials from community members, can provide a broader context of your life and contributions in Skokie. This comprehensive preparation helps your attorney assess possible defenses and strategies. Reach out to a qualified separation defense lawyer as soon as possible.
The timeline for deportation proceedings can vary significantly based on numerous factors, including the complexity of the case and the current processing times at local immigration courts. Generally, cases that are straightforward with clear documentation may resolve faster, while those requiring extensive legal arguments or involving appeals might take longer. Collaborating closely with a deportation defense lawyer in Skokie ensures that each phase is efficiently managed, potentially reducing the time needed for a final decision.
If you or a loved one is facing deportation, don’t wait to seek legal help. Contact Gambacorta Law now to schedule a consultation with one of our deportation defense attorneys in Skokie. We are ready to listen to your story, evaluate your case, and provide you with the strong legal representation you need.
Call us at 1-847-786-2599 to get started with our deportation defense attorneys in Skokie.
