There are few things worse in life than facing deportation. Getting notice of removal proceedings can be terrifying, but it is important to understand that you do have options. A deportation defense attorney can help protect your legal rights against the power of the U.s. government. Just because the government has filed removal proceedings does not mean that they are automatically allowed to deport the defendant. Learn more about the common defenses to deportation – and how a removal and deportation defense attorney in Addison, Illinois, can help protect your legal rights throughout the process.
Removal proceedings start when a government attorney files a petition for removal in the appropriate immigration court. The defendant is then sent a notice about these proceedings. The notice will inform the defendant of the case and give the date and time of the scheduled hearing before an immigration judge. This is important. The hearing is your opportunity to make your case to the judge. There could be errors in the petition that make the case completely invalid. For example: if you have a common name, you might not even be the right person the government is seeking to deport. Or perhaps the government thinks you overstayed your visa because they have the wrong date of issuance. Aside from clerical errors, there are also important legal defenses to deportation.
The general idea in a removal hearing is to prove that you are, in fact, eligible to remain in the country lawfully. There are many different ways to do this. For example, if your visa has expired but you are eligible for lawful permanent residency, you can establish an Adjustment of Status. An AOS is granted when the court confirms that your green card has been approved.
You may also be able to prove to the court that you qualify to stay in the country on humanitarian grounds. These include refugees who qualify for asylum, victims of human trafficking and other specified crimes, and victims of involuntary population control methods (such as forced abortions or sterilization procedures). There are many possible grounds for establishing lawful immigration status. It is important to find the option that is best suited to your unique case and to be prepared to establish your eligibility with compelling evidence.
It is important to understand that the government will not appoint an attorney to represent you during removal proceedings. You have the right to hire your own lawyer at your own expense, but if you do not, you will be forced to plead your case on your own. This greatly reduces your chances of successfully defending the removal case against you. The sooner you have a deportation defense lawyer working on your case, the better options you will have for staying in the country lawfully.
The experienced immigration lawyers at Minsky, McCormick & Hallagan have helped many Chicago area immigrants defend removal proceedings. Contact us to schedule a consultation with an experienced immigration attorney as soon as possible. The sooner you have an experienced attorney on your side, the better options you will have for staying in the United States lawfully.