Chicago Deportation Attorney Free Email or Phone Consultation with a lawyer

Because of actions by Congress there are a limited number of options for individuals in removal proceedings.

Adjustment of status as a defense to removal:

Individuals who entered the U.S. lawfully and marry a U.S. citizen are generally allowed to adjust their status to that of a permanent resident (Green Card) even if they are in removal proceedings.

A visa petition from the U.S. citizen must be filed and approved by the U.S.C.I.S. - who will likely apply a heightened burden to the case because of the pending removal proceedings - and the beneficiary must be otherwise admissible to the U.S. In other words, the beneficiary cannot be inadmissible because of some criminal conviction or other bar.

Additionally, lawful permanent residents who have committed an offense that renders them removable may be able to re-adjust their status to that of a permanent resident.

Cancellation of Removal:

If you are a permanent resident in removal proceedings please see our page on Cancellation of Removal to see if you may be eligible.

If you are in removal proceedings but a.re not a permanent resident but have been in the United States for at least 10 years and have an immediate relative who is a U.S. citizen or permanent resident please see our section on Cancellation of Removal for non-residents to see if you are eligible for relief.

Battered spouses, in removal or not in removal but out of status, may be eligible for VAWA Cancellation of Removal so please see our page to see if there relief available.

Voluntary Departure:

To avoid a removal order an individual may be eligible for Voluntary Departure but this form of relief comes with many catches and problems of its own and an attorney should be consulted before accepting or requesting voluntary departure.

Asylum - Withholding of Removal - Convention Against Torture protection: Call our office!

Deportation defense cases are very fact specific as well as very difficult. The list above is not exhaustive and there may be a remedy for your case not listed here. If you are in removal proceedings it is always good to call an immigration attorney to see if you have a defense to your case. As a Chicago Deportation Lawyer our office defends cases at the Chicago Immigration Court and offers free email or phone consultations to determine if we may have a way to assist you.

Removal/Deportation

Current immigration law with regards to Removal (Deportation) is quite unforgiving and the results for committing even minor criminal infractions can be devastating to families and long-time residents of the United States. Although fewer and fewer exist, Lawful Permanent Residents and undocumented immigrants have some defenses to being removed from the United States. The remedies depend on the length of time present in the United States, the family ties, and the criminal offense committed, if any.

Additionally, cases may be reopened, after an order of removal has been entered, for a few reasons such as being ineffectively represented by previous counsel.

Even if an individual has been deported, there may be a waiver available that would allow that individual to return to the United States if granted permission by the government.

Deportation defense cases are very fact specific as well as very difficult. Our office offers free email or phone consultations with a lawyer in Chicago to determine if we may have a way to assist you with your case at the Chicago Immigration Court.

Relevant Links:
Chicago Immigration Court
Immigration Court Practice Manual
[PDF] Board of Immigration Appeals Index of Recent Cases

News:

A heavy price to ending birthright citizenship "We can already see the future of our nation if it renounces birthright citizenship for the children of undocumented immigrants, and it isn't pretty. Dragging economies, new forms of fraud, a disen...

Deportation of immigrants without criminal records more likely in N.J. than n... "So far this year, 64 percent of the 4,000 people ordered deported from New Jersey had no criminal record. Nationally, those without criminal records represent just under 50 percent of those ordere...

Prioritizing deportation cases makes sense "This is an issue on which, after careful consideration, both conservatives and liberals should be able to agree." GEOFFREY A. HOFFMAN, Sept. 4, 2010.

Unpub. Fifth Circuit CIMT victory "The BIA applied the categorical approach and then, in the alternative, the modified categorical approach to find that Orosco’s convictions under section 20002(a) of the California Vehicle Code w...

N.Y. Judge Vacates Plea Due To Padilla "A judge's warning that a defendant could be subject to deportation if he pleaded guilty to a misdemeanor did not alleviate the ineffectiveness of his counsel under a new standard expressed by the ...

CBP on NIV waivers "Depending on the reason for your inadmissibility into the United States, and if you are a class of nonimmigrant where a visa is not required, e.g., most citizens of Canada, or you are a nonimmigra...

Morton memo: Guidance Regarding the Handling of Removal Proceedings of Aliens... Aug. 20, 2010: "This memorandum establishes U.S. Immigration and Customs Enforcement (ICE) policy for the handling of removal proceedings before the Executive Office for Immigration Review (EOIR) i...

Repeal Birthright Citizenship — and Then What? "[A]s a practical matter, what would the removal of birthright citizenship mean for the country? Pierce the fog of rhetoric and you’ll quickly discover that nobody really knows, including the sta...


Justin Randolph - Chicago Deportation Assistance

U.S. Submits its First Human Rights Review to U.N. Posted on 2 Sep 2010 at 10:51am

The United States submitted its first-ever report to the United Nations High Commissioner for Human Rights on August 20, evaluating how the nation is fulfilling its human rights obligations.  Su...

It’s Called Leadership Posted on 9 Aug 2010 at 12:46pm

In the Washington Post on August 6, columnist Charles Krauthammer claims that the Obama Administration’s actions to address national crises without waiting for Congress to act is insidious and ove...

The Anniversary of Detention Reform: A Mixed Review, Part II Posted on 5 Aug 2010 at 12:14pm

On August 6, 2009—one year ago this week—DHS Assistant Secretary for Immigration and Customs Enforcement John Morton announced plans for sweeping reforms of the immigration detention system.  In...

Immigration Enforcement’s Moving Goalposts Posted on 28 Jul 2010 at 10:30am

There was a story in the Washington Post on July 26 that was yet another reminder of how one-sided the immigration debate has become.  Under the headline “Deportation of illegal immigrants incre...

Detention Reform: A Mixed Review (Part 1) Posted on 27 Jul 2010 at 1:40pm

On August 6, 2009, DHS Assistant Secretary for Immigration and Customs Enforcement John Morton announced plans for sweeping reforms of the immigration detention system. 

On the occasion of t...

Virtual Due Process Posted on 15 Jul 2010 at 10:06am

In the United States, due process is about having an adequate opportunity to present your story to an independent judge, to stand before a neutral decision maker and explain your situation to ...