Cicero Removal and Deportation Defense Lawyer
Any noncitizen found in the United States without valid immigration status is subject to removal or deportation. People illegally entering the U.S. or remaining here illegally is a major problem that the government spends significant resources to address. At Minsky, McCormick and Hallagan, we have experienced deportation lawyers who help clients facing deportation in the Cicero area to mount a successful defense against the government’s efforts to have them deported.
Understanding Deportation/Removal Proceedings
Whether living, working, or simply visiting the U.S. for a short period, the law requires that all noncitizens must have a valid visa or immigration status. Most foreigners who enter the U.S. do so under what is known as a nonimmigrant visa. This is a visa that allows the holder to enter the U.S. as a visitor or to live and work here for a fixed period. The temporary visa holder must leave the U.S. before the expiration of the approved period.
If one does not depart the U.S. before the expiration date of their visa, then they are subject to deportation. A person is also subject to deportation if they apply for an immigration benefit such as a green card, which is denied. Being subject to deportation means being taken to immigration court, where the government must make a case of why the person should be deported (removed) from the United States.
To do this, the government must follow rules and procedures for what is known as “removal proceedings,” and here is how this works:
- Notice to Appear (NTA). This is the legal charging document that formally gets the removal proceedings going. The NTA is issued by ICE or the United States Citizenship and Immigration Services (USCIS). The document states the reason or reasons why the individual is in violation of immigration law and why they should be deported. The NTA simply contains the allegations of why the person should be deported, but the government must prove these allegations at a hearing before an immigration judge.
- Appearance in Court. When the NTA is issued, it tells the person against whom it is issued the date and time that person must go to immigration court. The court’s address is provided in the NTA. If you receive this notice, you must go to court on the date and time stated in the NTA. If you do not show up on the scheduled date and time, the immigration judge will order you to be deported in absentia, meaning without being given the opportunity to defend against the deportation charges in the NTA. If this order is issued, the ICE officers are authorized to look for you and get you deported without any hearing before an immigration judge. If a person ordered deported in absentia had good reasons not to be in court as scheduled, then an experienced deportation attorney could assist in having the order vacated and a new hearing date set for them.
- Trial. During your individual hearing before an immigration judge, the government will make its case as to why you should be deported. You will also have the opportunity to make your case as to why you should not be deported. The immigration judge will then decide whether you should be deported or not.
Seek Help from a Cicero Removal and Deportation Defense Lawyer
If you are in Cicero and have been placed in removal/deportation proceedings, contact us today and schedule an appointment to discuss how we can help you.