Deportation Attorney in Chicago

Removal Defense Representation in Cook County

United States immigration laws are strictly enforced. Anyone without a valid status – or anyone who violates even a minor condition of their visa – can be targeted for removal proceedings and face deportation. If you are in danger of being deported, hiring professional legal representation can help you protect the life you have built in the United States.

Removal proceedings can be daunting, and the implications are life-altering. It is crucial to seek professional guidance to understand the intricacies of your situation. Our team is committed to meticulously reviewing each detail of your case, exploring every angle of defense. We provide clients with a roadmap of potential outcomes, ensuring that they stay informed throughout the complex legal process.

How Our Deportation Lawyers Can Help

Our Chicago deportation defense lawyer is an immigrant himself and understands what is at stake. Our team at Aparicio Immigration Law has a court record that speaks for itself, and we are proud to have secured favorable results for thousands of immigrants. Attorney Aparicio will handle your case personally and aggressively fight to protect your interests in and out of the courtroom.

We understand that every immigrant’s story is unique, and we listen actively to our clients to tailor our approach to their specific circumstances. By leveraging our deep understanding of immigration laws and our strategic position near the Chicago Immigration Court, we can offer informed guidance and strong advocacy. Our goal is to alleviate the stress associated with removal proceedings by providing a clear, actionable defense strategy.

Schedule an initial consultation to explore your defense options by contacting us online. Our Chicago deportation lawyers defend clients in Indiana, Illinois, and Wisconsin. Se habla Español.

Grounds for Removal from the United States

Removal proceedings generally begin with an individual either being detained or receiving a Notice to Appear (NTA). An NTA acts as a court summons and will outline the grounds for removal. It will also contain information on when and where your hearing will be held. 

If you receive an NTA, you are being targeted for removal, and you should immediately contact legal representation. Regardless of whether you choose to hire a lawyer, you must appear at your scheduled hearing. Failing to appear will accelerate the removal process and prevent you from pursuing many defense options.

Common grounds for removal from the United States include:

• Unlawful presence. If you are currently in the United States without a valid visa, you can be targeted for removal. This applies to situations where someone deliberately enters the U.S. without a valid status or to scenarios where someone overstays an expired visa. If you applied for an adjustment of status and the request is denied, you can also be targeted for removal if you have no other valid status. You should make every effort to avoid accumulating unlawful presence, as accruing too much can result in future inadmissibility to the country. This makes securing future immigration benefits tremendously more difficult.
• Disqualifying criminal convictions. Practically all temporary and permanent immigration benefits require that recipients demonstrate “good moral character,” which translates to not having certain types of disqualifying criminal convictions. Noncitizens, including lawful permanent residents, can be targeted for removal if they are convicted of new deportable offenses while in the United States.
• Seeking a green card on a nonimmigrant visa. Many types of temporary work and student visas require that applicants attest that they plan to return to their home country once their visas expire. Recipients who later violate this clause by applying for green cards can be targeted for removal.

Understanding these grounds is essential for formulating a defense strategy. Our legal team thoroughly evaluates each client's situation to identify applicable defenses against removal. We carry out comprehensive assessments to ensure no aspect is overlooked, providing clients with the best possible defense strategies based on their circumstances. If you have received an NTA, please contact a deportation defense lawyer in Chicago at Aparicio Immigration Law now: (312) 313-6707.

Criminal Grounds for Deportation

Certain criminal convictions can lead to deportation. These include:

• Aggravated felonies. These include but are not limited to murder, theft, rape, bribery, drug trafficking, fraud, and more.
• Firearms conviction. Unlawful possession or sale of a gun or other destructive device is a deportable offense.
• Domestic violence. This also includes the related crimes of child abuse, child neglect or abandonment, stalking, or violation of a protective order.
• Drug conviction. Any violation of federal law involving controlled substances is a deportable offense. Even if you do not have a conviction, you may still be removed for being a drug abuser or addict.
• Crimes of moral turpitude. While “moral turpitude” is a somewhat nebulous concept defined by the Courts, crimes of moral turpitude are generally understood to be severely morally reprehensible and intrinsically wrong.

Our approach not only considers past convictions but also anticipates potential legal challenges that may arise during the immigration process. Our detailed knowledge of both federal and state criminal statutes is leveraged to create a defense strategy that aims to mitigate the impact of such convictions where possible. Navigating these legalities can be difficult without professional assistance, and our team is dedicated to providing the support needed to protect our clients' future in the U.S. Turn to a skilled Chicago deportation attorney from Aparicio Immigration Law for experienced guidance.

Removal Defense Options

The relief options available to you will depend on the unique circumstances of your case. Our team at Aparicio Immigration Law will work closely with you to develop a tailored and comprehensive defense strategy and explore all possible paths forward.

Our Chicago Deportation Attorney can help you pursue many relief strategies, including:

• Adjustments of Status. If you qualify for one or more immigration benefits at the time you are placed in removal proceedings, we can move to adjust your status and potentially avoid deportation. If you are able to successfully adjust your status, you will be able to remain in the United States.
• Seeking Asylum. If you have been persecuted in the past or fear future persecution on the basis of your race, nationality, religion, political beliefs, or membership in a particular social group, you may be able to seek asylum protection as a removal defense. If your application is approved, you will be able to stay in the United States and can eventually obtain a green card.
• Cancellations of Removal. Lawful permanent residents who have lived in the United States for many years can sometimes be eligible for this one-time relief mechanism, so long as they were not convicted of an aggravated felony.
• U Visas. If you are the victim of a serious crime and can assist law enforcement with a consequent investigation, you may be able to remain in the United States on a U visa. This visa generally allows you to stay in the U.S. for four years, but recipients can seek green cards after three years.
• Violence Against Women Act (VAWA). If you were subject to “extreme cruelty” perpetrated by your U.S. citizen or lawful permanent resident spouse, parent, or adult child, you may be able to self-petition for immigration benefits as a removal defense.

These options require extensive documentation and a deep understanding of the legal prerequisites involved. Our team is dedicated to creating detailed applications on your behalf, ensuring that all requirements are thoroughly met. From gathering evidence to preparing clients for hearings, we handle all aspects of the defense process with care and diligence to enhance the likelihood of a favorable outcome. Speak with a seasoned deportation lawyer in Chicago now.

Immigration Appeals Process

When faced with an unfavorable decision in a deportation proceeding, the option to appeal can be crucial. The appeals process is a complex legal avenue where a decision by an immigration judge can be reviewed. At Aparicio Immigration Law, we guide our clients through each step of this intricate process. Appeals must be filed within 30 days of the initial decision, and timing is critical. We ensure diligence in meeting deadlines and in crafting persuasive legal arguments tailored to the specifics of each case.

Often, the Board of Immigration Appeals (BIA) is the next step for individuals seeking relief from deportation orders. Our attorneys are well-versed in the nuances of presenting cases to the BIA, ensuring that all relevant laws are applied in favor of our clients. Furthermore, in instances where the BIA's decision is unsatisfactory, federal court review may be an option. Pursuing a federal appeal demands a comprehensive understanding of immigration law as well as the broader judicial system, something we are equipped to provide thanks to our extensive legal knowledge. Learn more about immigration appeals with a qualified deportation attorney in Chicago.

Local Support & Resources for Deportation Defense

Chicago offers a range of community resources that can support individuals facing deportation proceedings. Local organizations often provide invaluable assistance, including legal referral services, emotional support, and educational resources on rights and options. Among these organizations are entities like the Illinois Coalition for Immigrant and Refugee Rights and the National Immigrant Justice Center, both of which play active roles in advocacy and direct service.

These resources emphasize the importance of community support in navigating the complexities of deportation. Clients of Aparicio Immigration Law can benefit from connecting with such organizations, which often offer workshops, legal clinics, and materials to help understand the deportation process and fortify defense strategies. Our legal team encourages our clients to utilize these resources to complement our comprehensive legal services, providing a well-rounded approach to defending their right to remain in the United States.

Facing deportation? Our Chicago deportation attorney can help. Contact us online or call (312) 313-6707 for skilled legal support and guidance!

Frequently Asked Questions About Deportation Defense

What Are the First Steps to Take if I Receive a Notice to Appear?

Receiving a Notice to Appear (NTA) can be intimidating and overwhelming. It's critical not to ignore the notice, as doing so can lead to immediate consequences, including a deportation order in absentia. Upon receiving an NTA, the first step is to consult with an experienced deportation attorney who can assess your situation and guide you on potential legal options. This initial consultation is fundamental in determining the defenses available and the documentation required to build a strong case.

Secondly, ensure that you attend all scheduled hearings. Missing a court date can severely limit your legal options and may result in negative outcomes without the opportunity to present your defenses. Be prepared for these hearings by gathering all relevant documents, including any past visas, asylum applications, or official notices. Lastly, familiarize yourself with the local immigration court process where your hearing will be held, such as the procedures at the Chicago Immigration Court, to enhance your understanding and readiness.

What Is the Role of a Deportation Defense Lawyer?

A deportation defense lawyer provides legal guidance and representation for individuals facing removal from the United States. Their role is crucial in understanding and navigating the intricate immigration laws and procedures surrounding deportation. A defense lawyer works to build a robust strategy to contest the government's claims and protect their client's right to stay in the country.

These attorneys are responsible for gathering and presenting evidence, preparing legal documents, and advocating on behalf of their clients in immigration court. They ensure that their clients’ rights are upheld and provide clear explanations of each step involved in the process. Additionally, a deportation defense lawyer can explore all available avenues for relief, such as asylum or cancellations of removal, customize their approach based on the individual circumstances, and provide ongoing support throughout the proceedings.

What Are the Potential Outcomes of a Deportation Hearing?

The outcome of a deportation hearing can vary greatly depending on the specifics of each case and the available defenses. One potential result is the termination of deportation proceedings if the defense successfully argues against the government’s charges. In some instances, the individual may be granted relief such as adjustment of status or asylum, allowing them to remain in the U.S. legally.

Alternatively, if the court finds in favor of deportation, the individual may be ordered to leave the country. In such cases, exploring an appeal is often the next step, as it provides another opportunity to contest the ruling. Regardless of the outcome, having a competent attorney through every phase of the process significantly enhances the likelihood of a favorable resolution, providing strategic insights and robust defense tailored to each client's particular situation.

Do I Qualify for Cancellation of Removal?

Cancellation of removal is a discretionary relief available to certain qualifying noncitizens, allowing them to adjust their status and avoid deportation. Qualifications typically require the individual to have maintained a continuous physical presence in the U.S. for at least 10 years, demonstrate good moral character, and prove that their removal would result in exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident family member.

In evaluating eligibility, the immigration court considers various factors such as the individual's family ties in the U.S., work history, and involvement with the community. Each case is unique, so legal counsel from a knowledgeable deportation defense attorney is critical to determine eligibility and present persuasive arguments in support of relief. Given the importance and complexity of this relief option, early engagement with a lawyer can be crucial to understanding and navigating the qualifications for cancellation of removal effectively.

Can I Work While I Wait for My Deportation Hearing?

While awaiting a deportation hearing, employment eligibility varies based on one’s current immigration status. Those who currently hold a valid work permit or have filed for an adjustment of status may be eligible to continue employment or apply for a renewal. Asylum applicants may also be eligible to apply for work authorization if certain conditions are met. It’s important to ensure that any employment undertaken is fully compliant with legal standards to avoid jeopardizing your immigration case.

Our team at Aparicio Immigration Law can assist in determining whether additional employment authorization may be warranted, assessing eligibility, and assisting with any required filings. Understanding the legal parameters surrounding employment during this period is essential, and we are dedicated to providing guidance every step of the way. Our goal is to support you in maintaining a stable living situation while you await the resolution of your hearing.

For dedicated legal assistance, connect with our qualified deportation lawyer in Chicago. Dial (312) 313-6707 or use our online form to arrange your consultation right away.