What Legal Resources Are Available for Immigrants Facing Wrongful Deportation?

Why Do Deportations Go Wrong?

State and federal laws stipulate when a person can be deported and what U.S. authorities can do. Deportation is formally known as “removal,” and hundreds of thousands of people are removed from the country every year, under every administration. However, sometimes the authorities can get it wrong, leading to a wrongful deportation.

Chicago immigration lawyers say there are many reasons for wrongful deportation and many ways in which a removal could go wrong. First, immigration laws frequently change, making it tricky for experts like immigration officials, lawyers, and judges to understand or correctly apply them.

Secondly, immigration systems often handle high volumes of immigration cases, which can lead to errors during or incomplete processing. Visa processing can lead to the rapid deportation of certain non-immigrants without a full hearing before an immigration judge, increasing the risk of errors, especially for those seeking U.S. citizenship or claiming fear of persecution.

How Does the Removal Process Work?

Deportation defense attorneys in Chicago say that for removal to happen, you must first receive a Notice to Appear in an immigration court. The notice should indicate the date, time, and venue of your removal hearing. Understanding the process can put you in a better position to challenge the removal.

Ensure you read the Notice to Appear carefully to determine the legal grounds for your removal. Sometimes, the Department of Homeland Security (DHS) can make mistakes, and the charges against you could be false. Immigration attorneys mention that government error is a commonly cited defense against deportation, among other strategies.

What Are My Options If I Am Facing Wrongful Deportation?

Even though there have been massive deportations in the United States, there are ways you can stop removal through the immigration court. Federal and state laws provide various protections for documented and undocumented immigrants.

However, ensure you consult extensively with skilled Chicago deportation lawyers to evaluate the most suitable options depending on your case specifics. Here are possible practical strategies to help you fight wrongful deportation:

Not Being Properly Served with a Notice to Appear

You could argue that there was a defect in the Notice to Appear. Common issues include:

• The notice being sent to the wrong address
• The notice being sent only to your attorney and not to you.

You Are Not Removable as Charged

The DHS must prove that you’re subject to mandatory or discretionary deportation. Some reasons why you may not be subject to deportation include, but are not limited to:

• You’re a U.S. citizen
• The DHS did not apply the legal precedents correctly
• Your criminal record is ambiguous about whether the alleged crime meets the standard of being deportable or inadmissible.

How Can I Get Relief From Pending Deportation?

Chicago deportation defense lawyers say that even if you’re found deportable, you may still get mandatory or discretionary relief from deportation. The following options may be available to you:

1. Application for Immigration Benefit

You can apply for an immigration benefit with the help of experienced immigration lawyers in Chicago. Various paths can enable you to obtain legal status, and legal experts can assess the most suitable for your case. For example, if you’re a lawful permanent resident, you could be eligible for cancellation of removal to help you retain your immigration status.

If you’re eligible for temporary protected status or have already started the process for another immigration benefit, you may be able to change your status to remain in the U.S. Alternatively, you can leave the country for your home country voluntarily and submit a return visa. Discuss with your lawyers if this would be a viable option, depending on the charges.

2. Application for Asylum

You may be eligible for political asylum if you fled your home country to escape persecution based on race, religion, political orientation, or nationality. When the government grants asylum seekers asylum, it allows them to live in the U.S. legally without being subjected to deportation proceedings. Judges sometimes consider political and humanitarian reasons to grant asylum.

Chicago deportation defense lawyers can help you apply for asylum and prove that returning to your country would be extremely risky and result in hardship. They can advise you on the legal process of obtaining asylum and offer the legal support you need during an immigration court hearing.

3. Application for Adjustment of Status

You may adjust your immigration status if you meet certain criteria. Depending on your case specifics, an adjustment can let you become a lawful permanent resident even while facing the threat of removal. Skilled lawyers can help you put up a strong case and fight aggressively to enhance your chances of remaining in the country under a lawful status. Speak with an experienced adjustment of status attorney in Chicago to learn more. 

How Can I Leverage a Family Member’s Immigration Status To Prevent Removal? 

If you have a parent, spouse, or child who is a legal citizen of the United States, you may apply for a family immigration visa based on that relationship. Besides, if you have lived in the U.S. for a decade or longer and have close relatives or family members here, you may qualify for the cancellation of removal.

The process would require you to demonstrate that a family member will suffer extreme hardship if you’re removed. For example, you could prove that you have a critically ill parent, child, or spouse who depends on you for providence, and your removal could endanger their life.

An Experienced Immigration Attorney Helping You Beat Wrongful Deportation Charges

Facing removal from the United States can be distressing, especially if you know the deportation is wrongful. Luckily, experienced deportation defense lawyers in Chicago can help you challenge the process through various legal recourse.

The legal team at Gilliam Law can evaluate your case specifics and help you navigate immigration law to help you stay in the country. Immigration laws are complex, but working closely with experts can enhance your chances of attaining the immigration status you desire as you pursue the American dream.

Call us at 866-511-3422 for a consultation for all immigration issues.