Immigrants and non-citizens living in the United States face the risk of being placed into removal proceedings and ultimately deported when they fail to adhere to proper protocol. These proceedings are extremely stressful and are often time-consuming, although sometimes they can happen way too quickly. Many people in removal proceedings think that it is a hopeless situation, but that is not true.
The government has a duty to establish through clear and unequivocal evidence that they have the right to deport a person. Even when the government meets that burden of proof, you may still have many options for relief from removal. A Chicago deportation defense lawyer can explain what those options include.
A person that faces deportation may be able to prove that they do not belong in removal proceedings. When you are placed into these proceedings, you should receive a Notice to Appear that tells you of your duty to appear in court before a judge. It is important to review this notice with a deportation lawyer that can advise on whether you are eligible to file a motion to dismiss the case. If this motion is granted, you do not then need to create a defense and can remain in the country.
During removal proceedings, a judge should inform you of the many types of relief you may qualify for, including:
Even if an immigration judge does not decide in your favor, you can still appeal the decision to the Board of Immigration Appeals. If you are still denied upon appeal, you can take your case to the U.S. Federal Court of Appeals.
If you have been placed into deportation proceedings, it is important to remember this does not mean you will automatically be deported. There are many common defenses available. One of the most common is applying for a family-based visa if you have a spouse or child that is a United States citizen. After obtaining this visa, you can then change your status to a lawful permanent resident by applying for a green card.
You may also be eligible to apply for asylum, which can also result in you obtaining lawful permanent residence. Asylum seekers fear persecution in their home countries. Lastly, if you have been the victim of a crime while in the United States, you may apply for non-immigrant status, which helps victims of physical or mental abuse, and also helps government officials in investigating crimes and apprehending criminals.
Facing deportation is very scary, and you may think there is nothing you can do. That is not true. At Kriezelman, Burton & Associates, LLC, our deportation defense lawyers in Chicago understand the defenses available in these cases, and how to use them to give you the best chance of a successful outcome. If you fear deportation or have already been placed in removal proceedings, call us today or contact us online to speak to one of our knowledgeable attorneys.
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