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What Rights do Immigrants Have When Facing Removal?
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Facing deportation is a scary thing, but it is important that anyone threatened with removal understands that they have certain rights. Even with all the power the federal government agencies have, no one can simply be arrested and sent out of the country. The authorities will try to expedite the proceeding as much as possible, but it is important that all immigrants understand the process and know their rights. If you are facing removal, below are just a few of the rights you have.
Leaving Voluntarily
The right to leave voluntarily is often one that United States officials try to use against immigrants. Often when immigrants are facing removal, the authorities will ask them to sign an agreement that waives their right to a hearing. It is important that immigrants understand when it is in their best interests to sign this agreement. If there is little chance that a person will be allowed to remain in the country, signing this agreement is sometimes beneficial because it will avoid a deportation showing on a person’s permanent record. Anyone who is in fear of deportation should speak to an immigration lawyer who can advise on the best options.
The Right to a Hearing
Again, no one can be arrested and sent out of the country immediately. Unless an agreement has been signed waiving the right to a hearing, all immigrants have the right to a deportation hearing. This is an administrative hearing and arguments are heard by a judge only. The immigrant will likely be asked questions by the judge and the attorneys present. When immigrants believe that they have a right to remain in the country, they can make this argument during the hearing.
The Right to a Lawyer
Under the U.S. Constitution, anyone who is required to appear in court has the right to legal representation. The United States Citizenship and Immigration Services (USCIS) will have their own attorney who will try to build a case against the immigrant, so it is crucial that the immigrant also has legal counsel of his or her own.
The Right to an Appeal
Unfortunately, hearings do not always end positively for immigrants. When this is the case and a judge’s decision is to deport the individual, the immigrant has the right to appeal to the Board of Immigration Appeals (BIA). The other side can also appeal the decision if the judge finds in favor of the immigrant.
Facing Deportation? Call Our Illinois Immigration Attorneys
The threat of deportation is extremely frightening for many immigrants, but no one has to go through it alone. At Kriezelman, Burton & Associates, LLC, our Chicago immigration attorneys can help. If you are facing deportation, we will protect your rights and ensure they are upheld and work hard to give you the best chance of remaining in the country. Call us today or contact us online to schedule a confidential meeting with one of our attorneys so we can discuss your case.
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I cannot recommend Kevin Raica highly enough. He helped me successfully obtain my U.S. green card, and the entire process was smooth and stress-free because of his expertise and dedication. From start to finish, Kevin was professional, organized, and extremely knowledgeable about immigration law. He made sure every document was prepared correctly and took the time to explain each step clearly. Anytime I had questions, he responded promptly and made…
Great experience with this attorney office. They helped me with my I-751 waiver after divorce. Kevin was very professional, and supported me through the interview. Everything went smoothly and my case was approved. Highly recommend!
We contacted Kriezelman Burton & Associates, LLC, based on a recommendation, when my wife was detained by ICE. Attorney Khiabett Osuna handled our case, and it turned out to be the right choice. From the very beginning, she proved herself to be a caring and competent professional, clearly explaining the process. You can tell she's truly invested in each case and achieving results for her clients. We've also heard of…
I would like to express my gratitude to Kriezelman Burton & Associates, LLC, and especially to attorney Khiabett Osuna, who handled my case. I contacted them based on a recommendation and have never regretted it. From the very beginning, she demonstrated high professionalism. I could tell she was genuinely committed to the outcome and was doing everything possible to protect her client.
Mr. Kriezelman, Mr. Burton and Ms. Erin Cobb, I want to thank you from the bottom of my heart for handling my case. Your knowledge and dedication to my case is truly appreciated. Thank you.
I highly recommend Brittni Rivera. We are very grateful to her and the entire team at Kriezelman Burton & Associates. Your dedication, responsiveness, and compassion made an enormous difference during an incredibly difficult time. Serving as the liaison between Brittni Rivera and our friend in ICE detention, I saw firsthand how tirelessly she worked guiding us through the process, answering every question, and never losing sight of the humanity at…
Andrea C. Ochoa is truly the best of the best. ❤️ Our family went through one of the most difficult and frightening experiences of our lives when Feruz was detained by ICE. We felt lost, scared, and unsure of what would happen next. From the very beginning, Andrea brought us not only her professionalism and deep legal knowledge, but also something even more important — hope. She guided us through…
Thank you Matthew for all your help with my case. Highly recommend
In the final stages of our employment based green card, Maya Flores was very helpful. She guided us through the details, made a mock up interview and then went with us to the actual appointment. We were able to see her expertise because she made some clarifications to the officer. Very good service, 5 well deserved stars.
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