Deportation—now referred to in Bolingbrook as removal—can rip someone from their home and loved ones and send them into a dangerous situation far away.
If you or a loved one are facing removal proceedings, it is a good idea to consult a dedicated Bolingbrook deportation defense lawyer before too much time passes. You may have more options for avoiding deportation if you start working toward your objective sooner. An experienced immigration lawyer could explain your options and fight to protect your rights while working to help you reach a positive outcome.
A Two-Stage Defense
In many cases, a deportation defense attorney in Bolingbrook can mount a two-stage defense to removal proceedings. First, arguments can be presented to show why the person who is the subject of the proceedings is not removable as charged. If the subject contends that they are not eligible for removal, the government has the burden to prove that they are.
If the court finds the individual is subject to removal, then a defense lawyer can demonstrate why the court should grant relief. The law provides many different types of relief, so it is important to review the individual circumstances to determine which factors apply in the case.
Grounds for Relief from Removal
The more time an attorney has to review the full circumstances surrounding an individual’s case, the more opportunities a Bolingbrook deportation defense lawyer may find for requesting relief from the immigration judge. Some common grounds for relief from removal include:
- Fear of persecution in the home country (eligibility for asylum)
- Adjustment of status through a family connection
- The Convention Against Torture Act (eligibility for protection)
- Withholding of removal due to the likelihood of persecution upon return
- Cancellation of removal due to extreme hardship and residency
- Cancellation of removal based on the Violence Against Women Act
If there are no grounds for relief that will enable an individual to remain in the U.S. lawfully, it may be wise to seek a voluntary departure. Although the individual will then need to leave the country, this action prevents having a removal on the record and will make it easier to return in the future.
In some cases, a deportation defense lawyer may be able to negotiate a deferred action or arrange a case closure based on prosecutorial discretion. These special arrangements need to be negotiated with the government attorney handling the removal proceedings.
Contact a Bolingbrook Deportation Defense Attorney
Removal proceedings can be intimidating. However, it is vital to remember that the government bears the burden of proving that someone is removable. Moreover, even if you or a loved one is found to be deportable, you can ask for relief from removal.
A dedicated Bolingbrook deportation defense lawyer can help you make a strong argument that it is in the best interests of everyone involved to allow you to remain in the U.S. It can take time to put together a persuasive showing of evidence, so it is wise to begin working with an immigration defense lawyer as soon as possible. To learn more about how a deportation lawyer could assist in your case, call now for a consultation.