Chicago Deportation Defense Attorney
Removal Defense Representation in Cook County
United States immigration laws are strictly enforced. Anyone without 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.
How We 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.
Schedule an initial consultation to explore your defense options by contacting us online. We defend clients in Indiana, Illinois, and Wisconsin.
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 valid status or 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 that later violate this clause by applying for green cards can be targeted for removal.
Criminal Grounds for Deportation
There are certain criminal convictions that 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 don't 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.
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 defense 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 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 that 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 3 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.
Get the guidance you need from our Chicago deportation defense lawyer by contacting us online today.
We offer our legal services in English and Spanish.
Why Choose Aparicio Immigration Law?
- We Can Relate to Your Experience
- We Have a Record that Speaks for Itself
- We are Local
- Spanish Speaking Services Available
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