Because of actions by Congress there are a limited number of options for individuals in removal proceedings.
Adjustment of status as a defense to removal:
Individuals who entered the U.S. lawfully and marry a U.S. citizen are generally allowed to adjust their status to that of a permanent resident (Green Card) even if they are in removal proceedings.
A visa petition from the U.S. citizen must be filed and approved by the U.S.C.I.S. - who will likely apply a heightened burden to the case because of the pending removal proceedings - and the beneficiary must be otherwise admissible to the U.S. In other words, the beneficiary cannot be inadmissible because of some criminal conviction or other bar.
Additionally, lawful permanent residents who have committed an offense that renders them removable may be able to re-adjust their status to that of a permanent resident.
Cancellation of Removal:
If you are a permanent resident in removal proceedings please see our page on Cancellation of Removal to see if you may be eligible.
If you are in removal proceedings but a.re not a permanent resident but have been in the United States for at least 10 years and have an immediate relative who is a U.S. citizen or permanent resident please see our section on Cancellation of Removal for non-residents to see if you are eligible for relief.
Battered spouses, in removal or not in removal but out of status, may be eligible for VAWA Cancellation of Removal so please see our page to see if there relief available.
Voluntary Departure:
To avoid a removal order an individual may be eligible for Voluntary Departure but this form of relief comes with many catches and problems of its own and an attorney should be consulted before accepting or requesting voluntary departure.
Asylum - Withholding of Removal - Convention Against Torture protection: Call our office!
Deportation defense cases are very fact specific as well as very difficult. The list above is not exhaustive and there may be a remedy for your case not listed here. If you are in removal proceedings it is always good to call an immigration attorney to see if you have a defense to your case. As a Chicago Deportation Lawyer our office defends cases at the Chicago Immigration Court and offers free email or phone consultations to determine if we may have a way to assist you.
Removal/Deportation
Current immigration law with regards to Removal (Deportation) is quite unforgiving and the results for committing even minor criminal infractions can be devastating to families and long-time residents of the United States. Although fewer and fewer exist, Lawful Permanent Residents and undocumented immigrants have some defenses to being removed from the United States. The remedies depend on the length of time present in the United States, the family ties, and the criminal offense committed, if any.
Additionally, cases may be reopened, after an order of removal has been entered, for a few reasons such as being ineffectively represented by previous counsel.
Even if an individual has been deported, there may be a waiver available that would allow that individual to return to the United States if granted permission by the government.
Deportation defense cases are very fact specific as well as very difficult. Our office offers free email or phone consultations with a lawyer in Chicago to determine if we may have a way to assist you with your case at the Chicago Immigration Court.