Deportation is a frightening prospect. If the government has started removal proceedings against you or a loved one, you are probably feeling overwhelmed by the process – and by the full power of the United States government. You don’t have to go through this process alone. You have the right to hire an immigration lawyer to help you through this challenging process. Even if you are not a U.S. citizen, you have certain rights during the removal process. The experienced lawyers at Minsky, McCormick & Hallagan can make sure these rights are protected in order to stop an improper deportation.
Removal proceedings begin when Immigration and Customs Enforcement (ICE) serves you with the Notice to Appear (NTA) and files a removal case with the immigration court. The court will then schedule a Master Hearing and send you a Notice of Hearing at the court at that time. The Notice to Appear will give a statement of facts that support the government’s case against the immigrant. It might state that you entered the country unlawfully, or that you have overstayed your visa, or that you have committed a crime that makes you ineligible to stay in the country. There are other grounds for removal as well, so it is important to have an experienced immigration attorney review your case.
Yes! A court can prevent a removal action for many reasons, and your attorney can help find these reasons and present them persuasively to a judge. It is important to understand that you do not have the right to have an attorney appointed to you by the immigration court. You do, however, have the right to hire your own attorney and be represented by counsel at the Master Hearing and subsequent hearings. This is why it is critical that you take the initiative to hire your own immigration lawyer as soon as you receive a Notice to Appear in the immigration court.
So what are some reasons that a court could stop removal proceedings? First, if there are obvious errors in the government’’s case against you. If, for example, the government said that your visa expired a year before it actually does, then you would not have overstayed the visa, and the removal case could not proceed. Or if the government claimed that you committed a crime, but was confusing you with a felon who happened to have your same name, then this too could be an error that would not justify removal. In other cases, the government might make procedural errors in your case (such as failing to send you the required Notice to Appear at your hearing).
You don’t have to face the prospect of deportation on your own. Whatever the status of your removal proceedings, the experienced Chicago family immigration lawyers at Minsky, McCormick & Hallagan can help. Contact us to schedule a consultation with an experienced immigration attorney as soon as possible. The sooner our lawyers get involved in your removal case, the better options they will have for resolving the matter.