Non-citizens and immigrants in the United States face the risk of removal or deportation for failing to adhere to proper protocol. Moreover, removal proceedings can be troubling, stressful, and time-consuming.
It is the government’s duty to establish that someone is a candidate for removal from the U.S. by clear and unequivocal evidence. If the government meets its burden of proof, you may be eligible to apply for any and all forms of relief from removal.
If you or a loved one faces the threat of deportation, it is important to remember that you are not alone. A skilled Oak Brook deportation defense lawyer could help you seek to resolve the threat of deportation. To get started on your defense, call and schedule a consultation with one of the experienced immigration attorneys today. En Español.
How Relief from Removal Can Affect Deportation Cases
Non-citizens who face the threat of deportation may be able to show that the U.S. government was wrong to place them into removal proceedings. In immigration court, the presiding judge may ask the non-citizen to address the Notice to Appear by admitting or denying factual accusations and conceding or contesting any charges of removability.
You should review the Notice to Appear with a seasoned Oak Brook attorney – someone who understands deportation defense, prior to entering your pleadings. You may be able to file a motion to terminate your case without having to put on a defense.
Generally, it is the immigration judge’s responsibility to inform anybody who is in removal proceedings about the types of relief they can qualify for, which include:
- Adjustment of status
- Cancellation of removal
- Voluntary Departure
- Suspension of Deportation
- Waivers of inadmissibility and removability
- Withholding of removal
- Convention Against Torture (CAT)
If the immigration judge denies the case, the decision can be appealed to the Board of Immigration Appeals (BIA). If that appeal is denied, non-citizens may challenge this denial in the U.S. Federal Court of Appeals with said court having jurisdiction over the case.
What Are Some Common Defenses?
A person placed in removal proceedings may have several defense options that they or their deportation attorney can use to fight their deportation case. First, if a person is married to a U.S. citizen or has a U.S. citizen child over the age of 21, they may benefit from a family-based visa petition if eligible. This could then lead to the U.S. Citizenship and Immigration Services (USCIS) granting an Adjustment of Status to Lawful Permanent Resident, or a green card to the individual.
Second, if the individual is too afraid to return to their home country because of persecution, they may apply for asylum which could lead to permanent residence. Lastly, if a person has been the victim of a crime in the U.S., they could apply for nonimmigrant status, which is designed for victims who suffered physical or mental abuse and also assists government officials and law enforcement in investigating and apprehending criminals. A dedicated lawyer in Oak Brook could help with this aspect of deportation defense.
How Can the Immigration Nationality Act Help?
An adjustment of status under the Immigration and Nationality Act (INA) Section 245 can help immigrants obtain citizenship by way of changing from nonimmigrant to immigrant status. Qualifying for adjustment usually involves, among other requirements, entering the United States legally.
If the person is a legal permanent resident, then he or she will likely have more than one defense available including applying for cancellation of removal on form EOIR 42A.
When You Are Told There Is No Hope Because Of a Criminal Conviction
In some cases, an individual is not eligible for any relief due to a previous criminal conviction. These cases require special attention and skill that only an attorney that practices both immigration law and criminal law can provide. The attorney should review the criminal court record to see whether the criminal case can be amended or vacated for legal reasons.
Consult with an Oak Brook Deportation Defense Attorney Today
There may be other forms of relief and defenses that apply to your particular case. Therefore, assessing your situation with a competent and experienced Oakbrook deportation defense lawyer today can help in the fight against deportation.
To discuss your case with a qualified attorney, call today for more information. An attorney can sit with you and thoroughly assess your case so you can confidently take your next steps.