Chicago’s Alliant Law Group Can Make All the Difference in the World in Your Deportation Defense. Call (708) 366-9900!
For many immigrants, residency within the United States is a dream come true. As they seek freedom and hope for the future, this dream can come to an end for a number of reasons that can be cause for deportation from the U.S. Even the smallest mistake, such as a misdemeanor crime, can result in removal from the country.
If you have been given a notice to appear (NTA) by the U.S. Citizenship and Immigration Services office, you will need to secure the representation of our Chicago immigration lawyer. At Alliant Law we can help you fight against deportation so that you have every chance of remaining in the country.
Immigrants who follow the proper route to legal permanent residency are welcomed within the United States. People who enter illegally or violate immigration laws, however, may face removal. Deportation and threats of removal are used to ensure that immigrants comply with regulations put in place by the government.
In today’s immigration climate of heightened enforcement and security, the Department of Homeland Security (DHS) frequently initiates removal proceedings against many foreign nationals for numerous reasons ranging from technical violations of the immigration laws, such as illegal entries and visa overstays, to more serious grounds such as immigration fraud, alien smuggling, and criminal history grounds.
You can face deportation because of any of the following:
- You were arrested and convicted for committing a crime
- You entered the country illegally
- Your visa expired and was not renewed
If you face deportation, you can fight to remain in and be part of this country. Find out what options you have available after receiving an NTA. Our Chicago immigration attorney can represent you at your immigration hearing and help you file an appeal for cancellation of removal if necessary.
Defense against Deportation and Removal (Litigation).
In today’s immigration climate of heightened enforcement and security, the Department of Homeland Security (DHS) frequently initiates removal proceedings against many foreign nationals for numerous reasons ranging from technical violations of the immigration laws, such as illegal entries and visa overstays, to more serious grounds such as immigration fraud, alien smuggling, and criminal history grounds.
Our founding Attorney Daniel Conidi handled hundreds of criminal cases while working as a Senior Special Agent with both INS and ICE. Thus, we not only offer experienced litigation skills, but also a unique perspective for criminal related immigration charges. It is this combined experience that contributes to our firm’s success in getting proceedings terminated at the earliest stage of representation. If necessary, our firm is prepared to vigorously defend against removal by filing any and all relevant applications for relief.
Appeals and Motions to Reopen.
Our firm handles appeals to the Board of Immigration Appeals (BIA) and to federal circuit courts of appeals, as well as motions to reopen for people who have already received a final order of deportation or removal.
Detention and Bond Hearings.
Have you or a family member been detained by Immigration and Customs Enforcement or placed on an ICE hold? Our legal team is well versed in the conditions you must meet in order to be released on a bond, and will vigorously argue that INA 236(c) mandatory detention for crimes involving moral turpitude or aggravated felonies do not apply to your case.
Immigration litigation in federal courts
This including district courts and courts of appeal, including lawsuits involving writs of mandamus, declaratory judgments, petitions for review, naturalization trials and actions to enforce adjudication in delayed cases.
Special Immigrant Juvenile Status (SIJS)
Pursuant to INA § 101(a)(27)(J), under the classification of “Special Immigrant Juvenile,” certain undocumented individuals, who have been declared dependent on a juvenile court or placed in foster care, and whose reunification with one or both parents is not possible due to abuse, abandonment or neglect, can obtain legal immigration status. If the child is not in foster care, then there needs to be an individual willing and able to seek and obtain either guardianship or custody of the child. By virtue of the juvenile court deciding the guardianship or custody petition or the child being in foster care, the child is deemed to be dependent on a juvenile court. It is possible for one parent to seek custody of the child and then file for SIJS due to the other parent’s abuse, neglect or abandonment.
| In order to qualify for SIJS, the juvenile must meet the following five factors:
● The juvenile is under twenty-one years of age; ● The juvenile is unmarried; ● The juvenile is dependent on the family/juvenile court or placed in the custody of an agency or state department or an individual or entity appointed by a state or juvenile court; ● Reunification with one or both of the juvenile’s parents is not viable due to abuse, abandonment, neglect, or a similar basis found under state law; and ● It would not be in the best interest of the juvenile to be returned to the juvenile’s home country. |
If successful in the SIJS application, the juvenile will receive a green card. For juveniles considering higher education, this is particularly beneficial since with the green card the juvenile can apply for financial aid. In addition, work authorization can also be granted for the juvenile to legally work in the United States. SIJS provides certain undocumented juveniles a path to citizenship in the United States.
Provisional Unlawful Presence Waivers
On March 4, 2013, a new rule took effect allowing for certain immediate relatives of U.S. citizens to request and receive a provisional waiver for unlawful presence in the U.S. prior to departing the U.S. for consular processing of their immigrant visa application. This rule reduces the emotional and financial impact of separating families while the waiver application is adjudicated. Contact Alliant Law Group, LLC, a Chicago-based immigration law firm, to see if you qualify.
I-601A Unlawful Presence Waiver
“What is the I-601A Unlawful Presence Waiver?”
Immigrants who entered without inspection or overstayed a visa may waive their inadmissibility, i.e. the 3/10 year bar, by filing Form I-601A “Provisional Unlawful Presence Waiver.” The law, which became effective March 4, 2013, allows applicants to file the waiver stateside, thus avoiding the risk of getting stuck in their home country while waiting for a decision on the waiver application. Originally, the waiver was only available to those immediate relatives whose sole ground of inadmissibility involved unlawful presence under section 212(a)(9)(B)(i) of the Immigration and Nationality Act. If you have any questions in regard to this, you should contact a Chicago immigration lawyer for a consultation.
“How has this rule changed?”
Under the new rule, effective August 29, 2016, USCIS may grant a provisional waiver to foreign nationals if they are statutorily eligible for an immigrant visa and for a waiver of inadmissibility based on unlawful presence. The rule also expands who may be considered a qualifying relative for purposes of the extreme hardship determination to include lawful permanent resident spouses and parents as opposed to the old rule allowing for only U.S. citizens spouses or parents to serve as qualifying relatives. If you have any questions in regard to this, you should contact a Chicago immigration attorney for a consultation.
Who Can Apply?
Immigrants Who:
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Who Can Not Apply?
Immigrants Who:
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“Why is the expansion for the unlawful presence waiver important?”
This rule change is a huge plus for foreign nationals who are not immediate relatives of U.S. citizens, and who until this point have been unwilling to take the risk of completing the waiver application process abroad. Under the new federal regulations, all statutorily eligible immigrant visa applications, whether though family-based petitions or employment-based petitions would be eligible for this expanded stateside unlawful presence waiver. If you have any questions in regard to this, you should speak with a Chicago immigration lawyer. Please call us at (708) 366-9900 for a free consultation.