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DuPage County Deportation Attorneys

Standing for Your Rights Regarding Removal, Deportation, and Asylum in Illinois and Throughout the U.S.

Being placed in deportation or removal proceedings is an extremely stressful and worrisome experience, not just for the immigrant, but also for his/her family. It is critical to have an experienced attorney evaluate the case against a person and determine whether they may be able to successfully challenge the proceedings. In some instances, it may be possible to challenge the basis for starting the removal proceedings. In other instances, even when the government has a legitimate case against an immigrant, it may be possible to cancel removal proceedings. For some, voluntary departure may be the best option; however, that decision must be made intelligently after reviewing all options.

A foreign national who is placed in deportation or removal proceedings must be well-prepared and knowledgeable about the consequences of deportation or removal in order to preserve his or her ability to potentially return to the U.S. lawfully in the future.

At Mevorah & Giglio Law Offices, we have successfully cancelled removal proceedings for clients in many cases, and we look forward to the opportunity to help you in your immigration case. We provide legal help to clients throughout the Chicago area, and we are knowledgeable about the procedures followed during deportation proceedings and the potential defenses that may be available. Prior to your court dates, we will go over what you can expect to occur. We will review your situation and give you an honest, direct assessment of your chances of challenging the commencement of the proceedings or canceling the removal. Our attorneys will establish a set of long-term goals for your case, and we will work tirelessly toward meeting those goals. We can assist with multiple issues related to deportation, including ICE holds and immigration bonds, and we can provide representation in multiple types of deportation hearings.

Many foreign nationals facing deportation or removal proceedings may not realize that they have certain forms of relief available to them. Some forms of relief that we have been successful in obtaining for our clients include:

Cancellation of Removal

Cancellation of Removal is a discretionary benefit that will allow an alien's status to be adjusted from that of deportable alien to one lawfully admitted for permanent residence. An application for cancellation of removal may be made during the course of a hearing before an immigration judge. Two forms of cancellation of removal exist. The first benefits lawful permanent residents (LPRs) if the lawful permanent resident:

  1. Has been an LPR for 5 years.
  2. Has resided in the U.S. continuously for seven years after having been admitted in any status.
  3. Has not been convicted of any aggravated felonies.

The second form of cancellation benefits non-lawful permanent residents (Non-LPRs) if the person:

  1. Has been physically present in the U.S. for a continuous period of not less than 10 years immediately preceding the date of their application for cancellation of removal.
  2. Has been a person of good moral character for 10 years.
  3. Has not been convicted of a criminal offense under INA § § 212(a), 237(a)(2), or 237(a)(3).
  4. Establishes that removal would result in exceptional and extremely unusual hardship to his or her U.S. citizen or LPR spouse, parent, or child.

Voluntary Departure

Voluntary departure is the departure of an alien from the United States without an order of removal. The departure may or may not have been preceded by a hearing before an immigration judge. An alien allowed to depart voluntarily concedes removability but does not have a bar to seeking admission at a port-of-entry at any time. Failure to depart within the time granted results in a fine and a 10-year bar to several forms of relief from deportation.

At outset of the removal hearing, the respondent may receive up to 120 days to voluntarily depart if the respondent:

  1. Requests voluntary departure prior to or at the master calendar hearing.
  2. Does not request any other form of relief.
  3. Concedes removability.
  4. Waives appeal.
  5. Has not been convicted of an aggravated felony and is not deportable under security and related provisions of INA § 237(a)(4).

At the conclusion of the removal hearing, the respondent may receive up to 60 days to depart voluntarily if the respondent:

  1. Has been physically present for at least one year prior to service of the notice to appear (NTA).
  2. Has been a person of good moral character for at least the five years preceding the application for voluntary departure.
  3. Is not deportable as an aggravated felon or terrorist.
  4. Has not been previously granted voluntary departure.
  5. Establishes by clear and convincing evidence that they have the ability to leave at their own expense and that they intend to do so.

Contact Our Bloomingdale Deportation Defense Lawyers

If you are placed in deportation or removal proceedings, contact the experienced immigration attorneys at Mevorah & Giglio Law Offices immediately. We will help you identify any sort of relief available to you, and we will work with you to obtain the best possible outcome for your case. Call 630-932-9100 to set up a free consultation today.

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