With the presence of ICE and government immigration agencies in Naperville, you may feel intimidated as you consider possible options to avoid removal from the country. However, in Naperville, deportation defenses do exist if you know how to assert them.
If you are afraid that you might be detained by ICE, or if a loved one is already facing an impending deportation hearing, you might consider speaking with a local immigration lawyer. There may be more than one way to legally remain in the United States.
Family-Related Defenses to Deportation in Naperville
Some current residents of Naperville may be able to remain if they could establish that they have a relative who is an American citizen.
How Can Deportation Be Avoided With a Provisional Unlawful Presence Waiver?
Some immigrants who have been detained by the Immigration and Customs and Enforcement (ICE) might be able to avoid deportation based on a provisional unlawful presence waiver. Individuals who have relatives who are already American citizens might raise this defense to deportation during a hearing.
Under the Immigration and Nationality Act Section 212 (a)(9)(B), individuals who are currently unlawfully present in the United States on the grounds of inadmissibility may apply for a provisional waiver pending an interview with the U.S. Embassy or Consulate.
What are Some Deportation Defenses for Green Card Holders?
If an individual in Naperville married an American citizen in good faith, but have since separated or divorced, they might still have a defense to deportation. Generally, couples that include a noncitizen are required by the United States Citizenship and Immigration Service (USCIS) to apply together for an adjustment for an adjustment of status that would remove the conditions on the green card.
In circumstances where the American citizen is estranged from the person holding the conditional green card, however, the USCIS may allow him or her a defense. In order to avoid deportation from Naperville, a conditional green card holder may appeal to USCIS to waive the joint application requirement to remove the stipulations on his or her immigration status.
When positing this request, the petitioner may need to show that his or her removal would cause extreme hardship or that he or she left the marriage because of domestic violence or other extreme cruelty.
U-visa and DACA Defenses to Deportation in Naperville
A U-visa may prevent a Naperville resident from being deported. It may be available to individuals who were victims of certain criminal activity, including human trafficking. Family members might also be allowed to remain in Naperville based on this defense.
Further, the defense of Deferred Action for Childhood Arrivals (DACA) may allow some young persons to remain in Naperville. However, as of February 2018, USCIS is no longer issuing new DACA applications, but they may continue to renew those that were previously granted.
Asylum as a Defense Against Deportation in Naperville
Some individuals may be able to defend themselves from deportation on the basis of asylum. However, to be successful in this endeavor, they must demonstrate to the USCIS that they meet the definition of a refugee as has been described in INA 101(a)(42).
Refugees in Naperville who are asserting this defense may need to attend an interview where they could describe the persecution that they suffered in their country on the basis of their race, creed, or political affiliations. They may also need to show that there is a credible likelihood that they would be punished if they are made to return to their former country.
Contact a Deportation Defense Attorney in Naperville
If you fear that you are about to be deported and are not sure where to turn for help, it might be wise to call the law offices of a local attorney.
In Naperville, deportation defenses might be able to finally let you feel more at ease. Seek the assistance of a skilled lawyer who could prevent your removal from the United States.