Deportation Defense

En Español

You need an experienced and aggressive immigration lawyer to fight to keep you in the United States. 

Facing the threat of deportation while in immigration removal proceedings is one of the most stressful and frightening prospects for anyone living in the United States. Your entire future, as well as that of your family members, is at stake. Our firm understands the fear and uncertainty individuals feel when they, or a loved one, has been issued a notice to appear in immigration court. 

The Deportation Proceeding

In a typical deportation proceeding, the foreign national in question is arrested and detained by United States Immigration and Customs Enforcement (ICE). Shortly thereafter, the individual will receive a “Notice to Appear”  (NTA) which outlines why the alien should not be allowed to remain in the United States.  An ICE official will then determine bond eligibility and file the NTA with the Immigration Court to begin the deportation proceedings.  Once a final decision is made after the deportation hearing, an appeal from the immigration judge’s ruling may be filed at the Board of Immigration Appeals within 30 days of the decision. It is important to note that the Board of Immigration Appeals makes its ruling on appeals based solely on the printed transcript of the previous proceeding, the immigration judge’s decision, and the documents in the record.

Forms of Relief

You may be eligible for one or more of the following forms of relief:

1.  Immigration Bond

A detained foreign national may qualify to be released on bond depending on his or her criminal and deportation history and current immigration status so long as he or she does not pose a flight risk and does not present a danger to society.

2.  Cancellation of Removal for Lawful Permanent Residents

If you are a lawful permanent resident, you may be able to remain in the United States if you have been a lawful permanent resident for five years, have resided in the United States continuously for seven years after having been admitted in any status, and have not been convicted of an aggravated felony.

3.  Cancellation of Removal for Non-Lawful Permanent Residents

This form of relief gives lawful permanent resident status to an undocumented immigrant if granted by the Immigration Judge. You are eligible to apply for cancellation of removal if you have been living in the United States for more than ten years, have been a person of good moral character during that time, and have a parent, spouse, or child who is a United States citizen or lawful permanent resident who would suffer exceptional and extremely unusual hardship if you are deported.

4.  Adjustment of Status

You may be able to become a lawful permanent resident through adjustment of status if you are eligible to receive a visa, are admissible to the United States for permanent residence, and an immigrant visa is immediately available to you at the time of filing your application.

5.  Asylum, Withholding of Removal, or Protection Under the Convention Against Torture

Fear of returning to your country may allow you to request Asylum in the United States if you have been persecuted in the past or are able to prove a well-founded fear of future persecution because of your race, religion, nationality, political opinion, or membership in a particular social group. Withholding of Removal must be granted if you can prove a clear probability of harm by showing that it is more likely than not that you would suffer persecution due to your race, religion, nationality, political opinion, or membership in a particular social group, if removed. Protection Under the Convention Against Torture is granted if you can prove it is more likely than not that you would be tortured for any reason, if removed.

6.  Waivers for grounds of Inadmissibility and Removability

Many crimes, as well as fraud or misrepresentation, are able to be waived based upon hardship to a qualifying family member or even to the person in removal proceedings. Some waivers must be filed at the same time as an application for adjustment of status to obtain lawful permanent residency. Other waivers may be filed without an application for adjustment of status to allow a person to remain a lawful permanent resident.

7.  Prosecutorial Discretion

Prosecutorial Discretion is a request to be allowed to remain in the United States, often despite being currently ineligible for any particular form of relief from removal. This type of request is made to the Government’s Attorney instead of the Immigration Judge. It is a favorable exercise of discretion declining to prosecute based upon the totality of the circumstances that your removal would not be in the best interests of the United States.

8.  Voluntary Departure

While unfortunate, sometimes the only relief available is requesting the privilege of voluntary departure in lieu of deportation. If granted, the Immigration Judge will allow you to voluntarily leave the United States usually within 60 or 120 days. However, the benefit of voluntary departure is that it allows you to avoid the potential negative consequences of an order of removal and may make it easier for you to return to the United States lawfully in the future.

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1043 S. York Road, Suite 106B, Bensenville, IL 60106
| Phone: 708-793-7898

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