Get the Assistance You Need for Your Removal Defense
Deportation (removal) cases require urgent, knowledgeable action. In immigration court, the difference between winning and losing can mean the difference between staying with family in the U.S. or being forced to leave the country and separated from family. Having a skilled attorney experienced in removal defense and knowledgeable of the immigration court system can make all the difference.
Due to the provisions of the Immigration and Nationality Act (INA), the U.S. government, through the Department of Homeland Security (DHS), can attempt to deport (or “remove”) a person for several reasons – from simply overstaying or violating the terms of a visa to the commission of certain crimes, from committing fraud in an immigration application to involvement in terrorist organizations.
What Does Removal by DHS Mean?
In many cases, the DHS begins removal proceedings against a foreign national by issuing a Notice to Appear. The Notice lists the section of law that the government alleges the person violated, along with the facts to support its position. The Department serves this notice upon the individual, and upon the Immigration Court. Upon receipt, the Immigration Court will send a Notice of Hearing to the person, at the address provided to the Court by the Department of Homeland Security. In Court, the Department of Homeland Security is represented by an attorney, and the foreign national also has the right to an attorney (though not the right to an attorney provided by the government). Both sides can offer arguments, documents, and witnesses to support their cases. Then, the Immigration Court will decide whether the person is, in fact, removable from the United States, and, if so, whether that person is qualified for and deserves any relief that would allow him or her to stay in the United States.
However, there are other procedures, including administrative removal and expedited removal, which allow the Department of Homeland Security to circumvent the Immigration Court and remove certain individuals without a hearing. These processes move much more quickly, and the options for fighting them are more limited. Now, more than ever, aggressive advocacy is necessary in order to properly represent an individual facing removal. Immigration law and its interpretation is in a constant state of flux.
What Can We Do for You?
Based out of Schaumburg, IL, with additional offices in Chicago, IL, and Madison, WI, our firm is committed to serving the immigration needs of clients throughout the world. Our clients include people coming to the United States from India, Mexico, China, Serbia, the Philippines, United Kingdom, Nigeria, Brazil, and around the world.
Francis Law Center is committed to practicing immigration law; in fact, it is the only kind of law we practice. Attorney Jae Francis Lee brings experience as a professional working as a Professor of U.S. History at the University of Wisconsin and holds a Ph.D. from New York University. He understands the importance of in-depth research and meticulous documentation required for a successful marriage-based green card case. Your mind will rest easier knowing that we are working on your behalf for your successful spousal green card case.