Chicago Deportation Attorneys
You have worked hard to build a life for yourself and your family here in the U.S., and now you’re facing deportation.
Maybe you’ve received a Notice to Appear (NTA), and already have a case in the immigration courts, or maybe you’re concerned about what might happen if Immigration and Customs Enforcement shows up at your door.
The good news is, you have rights, and you don’t have to face this alone.
Our Chicago deportation attorneys at Cho Immigration Law understand how serious these situations are. We use our knowledge and nearly 30 years of experience to put together a strong removal defense plan to obtain the best results for you.
Call our Chicago Deportation Attorneys at (312) 853-3088
What You Should Know About Deportation in the United States
In the U.S., deportation is formally referred to as “removal” of a foreign national from the country. Unlike other immigration processes, such as those involved in obtaining business immigrant visas or a K visa, deportations are court matters.
Deportation/removal proceedings are initiated by the Department of Homeland Security (DHS) and administered by Immigration and Customs Enforcement (ICE). Here’s an overview of what to expect.
- The deportation process begins with a Notice to Appear before an immigration judge. You’ll appear in person, and the judge in this initial hearing will go over the information presented in the Notice to Appear. After asking you questions about the NTA, the judge will decide whether the facts presented merit your removal from the United States.
- If the judge decides that the information in the NTA is supported and your removal is warranted, you’ll have the opportunity to attend the Master Calendar Hearing. During this hearing, your deportation attorney may argue that there is not a legal basis for your removal from the U.S. Alternatively, your lawyer might submit an application for relief from removal.
- If you are ordered to be removed by the immigration judge, you may still have opportunities to file appeals and requests to reopen the case. Your attorney may file an appeal with the Board of Immigration Appeals, or file a Petition for Review with the Federal Court of Appeals, depending on the stage of the case.
If you are issued a final order of removal, you must be physically deported from the U.S. within 90 days. Deportation usually results in becoming barred from re-entering the U.S. for 5–20 years, or permanently in some cases. However, our attorneys may be able to assist you with waivers or other legal avenues that enable you to return earlier.
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Why Hire a Deportation Attorney?
Whether you’ve received an NTA and are just beginning to go through removal proceedings, or the judge has already ordered your removal, you have rights. Hiring a deportation attorney to protect your rights is one of the best decisions you can make for your well-being and your future. An attorney will:
- Evaluate your case and your deportation defense options
- Help you make informed decisions about the paths to take
- Represent you in your hearings
- Make sure you complete the proper steps and meet strict deadlines
At Cho Immigration Law, our deportation attorneys will ensure that you are treated with dignity and respect as your immigration case progresses. We have the experience, knowledge, and skill to provide you with immigration solutions that help you and your family stay together here in the United States.
What Are Grounds for Removal From the United States?
There are various reasons an immigrant might receive a Notice to Appear from ICE. If you have received an NTA, the Notice will outline the government’s allegations against you. Grounds for deportation from the U.S. usually include:
- Entering the United States without permission
- Overstaying a visa
- Violating visa status conditions
- Committing certain crimes
- Posing a security threat
Even lawful permanent residents (green card holders) can be deported from the U.S. for convictions of certain criminal offenses like aggravated felonies, crimes of moral turpitude, domestic violence, drug crimes and others.
What Are the Types of Removal Hearings?
There are several types of removal hearings, including the following:
- Bond redetermination hearings – used to decide whether the bond set by the Department of Homeland Security should be adjusted.
- Withholding-only hearings – used to determine whether the Convention Against Torture or the Immigration and Nationality Act may provide relief to you
- Rescission hearings – a judge will review your residency status. If the judge decides that an immigration status should not have been granted to you in the first place, that status can be revoked.
Once we determine what your situation is, we might initiate a removal appeal after the conclusion of a hearing. This allows us to gather additional information and prepare an argument to show why you should be allowed to remain in the U.S.
How Can You Stop Deportation From the U.S.?
There are several avenues through which our immigration deportation lawyers may be able to help you stop the deportation process. The “deportation defenses”, or “defenses to removal” available in your situation will depend on various factors, including the reasoning behind the removal proceedings and whether you are a lawful permanent resident.
Common defenses to removal include:
One avenue that may be available to certain permanent residents and non-permanent residents is called cancellation of removal.
- Cancellation of Removal for Permanent Residents: We may be able to file for this relief if you are a green card holder who has not obtained removal relief in the past, you have been a lawful permanent resident for at least five years, you’ve continuously lived in the U.S. for at least seven years after becoming lawfully admitted, and you don’t have any aggravated felony convictions.
- Cancellation of Removal for Non-Permanent Residents: To obtain this type of relief, you have to demonstrate that you have been living in the country for at least 10 years, and you have a good moral character. Additionally, you must show that your removal will cause exceptional and extremely unusual hardship to a citizen or a permanent resident.
To avoid the stigma of deportation, you may opt to voluntarily remove yourself from the United States at your own expense within a timeframe set by the judge. If the judge grants you voluntary departure, you will not be subjected to the ban on re-entry to the U.S., or on the receipt of benefits. If you have been convicted of an aggravated felony, or you are involved in terrorist activities, you are not eligible for a voluntary departure.
You may be eligible for asylum if you are a refugee who is unable to return to your home country for fear of persecution, or because of past persecution, based on your race, nationality, religion, political opinion, or membership in a certain social group. If you are an aggravated felon, or you’re considered to be a danger to national security, you are ineligible for asylum. Alternative forms of relief may be available, however, including Withholding of Removal or an application under the Convention Against Torture Act.
If you are a non-immigrant, and you qualify for an immigrant visa that is immediately available, and you are admissible for permanent residence, and adjustment of status may provide you with relief from removal. However, failing to depart after voluntary removal, having a criminal record, or failing to appear for proceedings may make you ineligible for adjustment of status.
Our attorneys provide a wide range of immigration services to individuals, businesses, and families, such as family immigration and the sponsoring of a spouse by a U.S. citizen.
If you are facing any immigration issue, schedule a consultation with an immigration lawyer at Cho Immigration Law and begin laying the foundation for your deportation defense. Contact us today at (312) 853-3088
