Immigration to the United States offers a fresh start to millions of individuals and families every year. For some, however, successfully immigrating to the United States is much more challenging. Facing deportation can be frightening, especially when your removal from the country will separate you from your family, friends, and the new life that you have created. At JLB Law Group, we understand this struggle and work diligently to prevent deportation for our clients. To schedule a consultation with a Chicago deportation defense attorney, consider contacting our office at (312) 972-7969 today.  

Deportation Scenarios and Defense Strategies

Under the United States Immigration and Nationality Act, there are a variety of scenarios that can result in the deportation of noncitizens. Some of the most common reasons for deportation in the United States include: 

  • Being present in the United States while in violation of the Immigration and Nationality Act or other relevant law
  • Violating a condition of entry into the United States
  • Terminating a conditional permanent residence
  • Assisting another person to enter the United States illegally
  • Engaging in marriage fraud to gain admission to the United States
  • Being convicted of certain crimes
  • Falsifying documents to gain entry to the United States
  • Engaging in illegal voting
  • Endangering public safety or creating a risk of national security

Regardless of the circumstance, facing deportation is incredibly stressful. It can leave a person feeling unsure of where to turn for help. Fortunately, there are options available to individuals facing deportation in the United States. An experienced Chicago deportation defense attorney will be able to effectively respond to deportation orders and advocate for your rights every step of the way. At the Law Office of Jennifer L. Bennett, we use a variety of creative legal strategies for our deportation defense practice, which include the following. 

Defensive Asylum

Asylum is used to grant protections to refugees who were persecuted or who fear persecution in their home country. There are two avenues for obtaining asylum in the United States: affirmative asylum and defensive asylum. The defensive asylum process is designed for individuals who are facing removal from the United States. The Form I-589 is used to apply for asylum in the country and it is important to note that this form must be filed within one year of arrival in the United States. Exceptions may be made to this time frame, however, and consulting a Chicago deportation defense attorney is absolutely crucial. The success rates are low and having an attorney who is experienced will be an asset during this process.

EOIR-42A Cancellation of Removal Application for Lawful Permanent Residents

This option is available to certain Lawful Permanent Residents who have been convicted of one or more crimes of moral turpitude. Under United States immigration law, a crime of moral turpitude is one where the perpetrator had “evil intent” or acted recklessly. To be eligible for cancellation of removal, a Lawful Permanent Resident that:

  • They have been a Lawful Permanent Resident for at least five years
  • They have not been convicted of an aggravated felony
  • Prior to committing the criminal or related offense, the Lawful Permanent Resident has resided in the United States for at least seven continuous years after having been admitted in any status

EOIR-42B Cancellation of Removal Application for Non-Lawful Permanent Residents

For those who are not Lawful Permanent Residents, cancellation of removal may be available using EOIR-42B. To qualify for this deportation defense, a Non-Lawful Permanent Resident must demonstrate the following:

  • They have been physically present in the United States for a period of ten continuous years prior to receiving a Notice to Appear
  • They have exhibited good moral character over this period of time
  • They have not been convicted of certain criminal offenses listed in the United States Immigration and Nationality Act
  • Their family members in the United States would suffer from an exceptional and unusual hardship if they were removed from the country

Fraud Waiver

If an immigrant to the United States is found guilty of fraud or has misrepresented facts in order to gain admission to the country, they will face deportation. In these situations, a fraud waiver may be used as a valid defense. To use this defense, the individual facing deportation must meet two criteria: 

  • Their removal from the United States would cause extreme hardship to his or her qualifying relative (if a VAWA self-petition, this can be interpreted as causing hardship to him or herself)
  • A favorable exercise of discretion is warranted. This is a difficult concept to define, but a Chicago deportation defense attorney can provide a fuller understanding of which situations and benefits require discretionary review.  

How Does the Deportation Process Work?

When an immigrant is facing deportation from the United States, they will first receive a Notice to Appear from the U.S. Immigration and Customs Enforcement, which will state the reason for removal. In the window of time between the Notice to Appear and the scheduled hearing, the person will have the opportunity to find a deportation defense attorney. 

Having legal counsel to represent the case and navigate deportation relief can be valuable when moving through this process. Once an attorney has been secured, the immigrant facing deportation will be required to discuss the content of the Notice to Appear in front of an immigration judge. 

If the immigrant facing deportation is seeking a form of deportation relief, such as the ones listed above, then they will return at a later date and provide testimony regarding their case. After this second hearing, the immigration judge will issue a decision, either orally or written at a later date. If the immigrant has been ordered to be deported, they will have thirty days to appeal the decision. 

Can I Hire a Defense Lawyer if I Am Facing Deportation?

Yes. A Chicago deportation defense lawyer can provide valuable guidance on the process of deportation and will fight for your rights at every step. Many people obtain a defense lawyer due to the high stakes of the situation – facing deportation can greatly alter a person’s life and it is important to navigate the process as skillfully as possible while minimizing the possibility of mistakes. 

Should I Hire a Defense Lawyer if I Am Facing Deportation?

An experienced deportation defense attorney will work with you through every step of the deportation defense process. In this journey, you will likely experience many emotions ranging from stress, fear, anger, and sadness among others. Because defending yourself against deportation can be complex and challenging, it is helpful to hire an attorney who can handle the logistics and legal processes as soon as possible. The sooner you hire an attorney to help you, the sooner you can start planning your defense with them. 

Can A Lawyer Stop Deportation?

While hiring a lawyer is no guarantee that the deportation process will be stopped, having a team of experienced and dedicated legal professionals to advocate for your rights can be highly beneficial to the outcome of your case. A lawyer will understand the different deportation defense strategies and how to most effectively utilize deportation relief to keep you safely in the country.

Chicago Deportation Defense Attorneys at the Law Office of Jennifer L. Bennett Can Help Prevent Deportation

After working with hundreds of individuals facing deportation in the United States, we understand the feelings of anxiety and hopelessness that surround the situation. The process can feel impersonal, as if your life and future are being reduced to paperwork and court hearings. At the Law Office of Jennifer L. Bennett, we work alongside our clients to prevent deportation through a variety of creative and effective defense strategies. To speak with an experienced Chicago deportation defense attorney, consider contacting JLB Law Group at (312) 972-7969 today.