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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 had a wonderful experience working with Kriezelman Burton & Associates, LLC. From start to finish, the team was professional, knowledgeable, and truly dedicated to guiding me through every step of the process. They made what could have been a stressful situation feel smooth and manageable, always answering questions quickly and keeping me updated. I especially want to thank Khabit for his outstanding support—he was patient, detail-oriented, and went above…
Many thanks to attorney Kevin A Raica and his assistant Rafael Rodriguez for all their help. My immigration case went very smoothly and quickly.
We worked with Kevin Raica from Kriezelman Burton & Associates, LLC, and I can confidently say he went above and beyond for us. Our process was very long and at times overwhelming, but Kevin guided us every step of the way with professionalism, patience, and dedication. He was always available to answer our questions, explained everything clearly, and made sure we understood our options at each stage. What stood out…
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I really want to thank Justin and Kamila; they are the best. I waited almost 20 years and no one could help me get my green card and in 4 months they helped me get my permit, and I got my green card in less then 4 months. They are the best. I will always be grateful for what they did for me, thank you Justin and Kamila!!!!
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I am incredibly grateful to Mr. Burton for his outstanding legal assistance in my immigration case, from my first consultation he heard me patiently demonstrating exceptional professionalism, expertise, and a genuine commitment to my case. Immigration process can be overwhelming and stressful, but he and his team provided clear guidance every step of the way, always answering my questions promptly and reassuring me with their deep expertise. Thanks to their…
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