Removal Defense Attorneys Belvidere

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Removal Defense Attorneys Belvidere

For immigrants, there may be nothing that has higher stakes than removal proceedings. Your very right to stay in the country is at stake. Along with it is the ability of your family to remain intact. This is not a process that you can approach alone without the help of an experienced removal defense attorney in Belvidere.

Why USCIS May Initiate Removal Proceedings

There are a number of reasons why USCIS may seek to deport an immigrant. They include:

  • Criminal convictions (felonies and some misdemeanors)
  • Immigration fraud
  • Employment violations
  • Expiration of green card

Contesting Removal

However, USCIS does not get the final say over whether you can remain in the country. Everyone has rights, and that includes immigrants. You have the ability to contest removal to stay in the United States if you could make the right arguments. 

Of the above reasons for removal, criminal convictions are the most common ground relied on by USCIS. However, the government often interprets this ground for removal too broadly. While USCIS may deport for “crimes of moral turpitude,” they may be incorrectly using that broad brush to categorize your particular offense. 

How the Removal Process Works

USCIS must give you legal notice of removal proceedings. You would receive a Notice to Appear, informing you that you are subject to removal and ordering you to appear in front of a judge. The Notice must describe the grounds for your removal. If you receive this Notice, you must find a lawyer if you do not already have one. While an attorney is not a physical requirement, your chances of successfully defending against removal could increase with an experienced advocate. 

You have several levels of appeal. The first is that you could contest removal before the Board of Immigration Appeals. If you are not successful there, you can take the case to federal court. 

Defending Yourself at a Merits Hearing

The most important part of your removal proceeding is the merits hearing. This is when you can state your case in front of the judge. You have several options to contest removal. You could challenge the merits of the government’s case, arguing that you either did not do what you are accused of or that the crime you committed does not justify removal. 

You have another option if you are facing removal. You can petition to adjust your status. Some reasons for this include the fact that you could face risks to your safety if you were returned to your home country or that your removal would cause severe hardship for your family. 

Either way, you would need to come to your merits hearing with the evidence necessary to support your request. You can testify on your own behalf at a merits hearing, but you must be prepared to be questioned by a government attorney who is arguing to remove you. 

Experienced Belvidere Removal Defense Lawyers

If you or a loved one is facing removal proceedings, contact the dedicated attorneys at Kriezelman Burton & Associates. We will leave no stone unturned in fighting for you and your family.