Removal hearings and the options for LGBTQ people in Oak Brook are, respectively, stressful and difficult to uncover when dealing with the amount of stress proceedings produce. However, there are potentially more options available for you or someone you know that a lawyer could uncover and produce. To better your odds of a favorable courtroom outcome, speak to a dedicated legal representative today.
Considerations Prior to Removal
Before reaching a finding of removability, the judge determines whether the government followed the procedures listed out in the immigration laws. The judge considers the facts of the case that are listed in a notice to appear. Then the judge considers whether the government has met its burden of the removal charges that have been lodged against the individual. The judge either sustains the charges or the judge terminates the case.
Relief from Removal for LGBTQ People
An LGBTQ individual qualifies for any type of relief that is available under the immigration law. Generally, types of relief from removal includes asylum, withholding of removal, or filing under the convention against torture. Another option is an adjustment of status or readjustment of status or cancellation of removal.
LGBTQ people in Oak Brook in removal hearings have options and could ask for voluntary departure. There is a number of other things outside of deportation court that one could seek. One could also look at a filing for Violence Against Women Act (VAWA), which is available to both men and women. One can also consider filing for a U-visa or deferred prosecution.
Considerations for Sexual Orientation and Gender Identity
The immigration court may consider sexual or gender identity in asylum cases or withholding of removal cases. The immigration court would then also apply the law as it applies to everyone in the United States.
An individual hearing is a hearing where an individual appears on his or her own in front of the immigration judge. Generally, government representatives are there as well. It is a hearing where the court tries to make a decision on one particular issue.
Sometimes, these hearings are held when people undergoing removal proceedings contest removability as being charged by the government, so those could be held in order to determine if the government has sustained its burden. Those individual hearings could also be held after the judge finds that the individual is removable from the United States. The judge could look at posting a hearing just to hear the person’s application for relief from removal.
How Do these Hearings Differences From Master Calendar Hearings?
These hearings differ from master calendar hearings in the sense that these are specific hearings to identify specific issues and resolve them, as opposed to master calendar hearings, which are more of status-type hearings in general. They are just to see how the case is being handled or where an individual might be in the application process. In most instances, it can be a final hearing.
What Common Mistakes do People Make During Removal Proceedings?
Some of the most common mistakes people make during deportation proceedings are that they plea to the notice to appear without having determined whether the government has followed the law in their case. Even if the government is right as to the facts, if the government has made any mistakes procedurally, they may be able to defeat the immigration case even if they actually do not have any relief that they are available for.
This is why it is important that they hire a well-versed immigration attorney so he or she could determine a favorable outcome.
Choose to Work with an Experienced Immigration Attorney
If you or someone you know is undergoing removal proceedings in Oak Brook, the options for LGBTQ people to avoid removal are typically dependent on the facts of the case. Everyone’s case is different. However, those who choose to work with a lawyer could increase their odds of a favorable outcome.
Let an attorney help you achieve a favorable outcome and avoid removal proceedings. Contact us today.