Immigration Court/Deportation Defense
DEPORTATION DEFENSE LAWYER CHICAGO, REMOVAL DEFENSE ATTORNEY IN CHICAGO AND NATIONWIDE
Deportation defense, or removal defense, begins when the U.S. government, specifically the Department of Homeland Security (DHS), begins a formal process of attempting to cause your expulsion or "removal" from the United States. It is formally known as removal proceedings. When DHS does this, they must follow stringent rules created by statue and interpretations carved out by legal precedent from various federal courts, including the United States Supreme Court.
Until 1996, the term "deportation" or deportation proceeding was the formal legal term attached to these proceedings. Today the term is known as "removal proceedings" and therefore, those seeking to fight these proceedings and remain in the United States refer to the term as removal proceedings. You should consult with an experienced removal defense attorney or "deportation defense lawyer" to help you navigate these complex waters. We have successfully represented immigrants in these types of proceedings even before the Department of Homeland Security existed (known then as INS). It's also important for you to to understand how and why a person is placed in removal proceedings or "deportation proceedings."
IF YOU HAVE BEEN PLACED IN REMOVAL PROCEEDINGS, HIRE A QUALIFED REMOVAL DEFENSE ATTORNEY
In this process, the U.S. government, through one of its agencies enforcing immigration laws, seeks your removal if you are a non-U.S. citizen. The USDOJ's Department of Homeland Security is the agency or department responsible for attempting to remove (deport) individuals from the United States. The Department of Justice's Executive Office for Immigration Review (EOIR) is responsible for conducting immigration removal (sometimes and informally known as "deportation") proceedings, appellate reviews, and administrative hearings to "fairly, expeditiously, and uniformly administer and interpret U.S. immigration laws."
The process formally begins when DHS issues or "serves" you with a Notice to Appear or "NTA." It's very much like a summons in other areas of the law and administrative matters but with very severe, life-changing consequences if you fail to appear. Specifically, the NTA is an administrative summons to appear at one of the 69 immigration courts in the U.S. The NTA must contain a date, time and place (the court's current address) to appear at the hearing. The NTA contains (generally) four (4) allegations against you, making accusations that:
(1) You are not a citizen or resident of the United States;
(2) You are a citizen and national of…your home country of birth;
(3) You were admitted to the United States on a certain month, day and year and in a certain visa category or none at all (i.,e, unlawfully or without inspection by immigration officials.
If you entered lawfully (i.e, were "admitted") but overstayed that time, then the DHS also may allege that:
(4) You remained in the United States beyond your term of admission.
These are called the NTA's "factual allegations" and they may also include crimes allegedly committed by you, or whether you filed any benefit applications with United States Citizenship and Immigration Services and the later decision. It may also contain allegations if you presently hold or previously held any lawful status.
The NTA also contains a charge of removability, which then cites to the section of the Immigration and Nationality Act ("INA") that DHS is attempting to rely on to remove you from the United States. As stated above, the NTA may or may not contain a court date for the respondent to appear and answer the charges but it should. If no court date is listed you may be notified of the court date by mail or in person at a future date. If you receive an NTA, you should contact a removal defense attorney or deportation defense lawyer immediately to discuss your options. Mr. Helt is an experienced, nationally recognized removal defense or deportation defense lawyer in Chicago.
Failure to appear for your removal hearing will result in an in absentia order of removal being entered by the Immigration Judge absent extenuating circumstances for your failure to appear, such as a serious illness or non-receipt of the NTA, under certain circumstances. Mr. Helt can discuss these options with you should you receive an NTA.
CHICAGO DEPORTATION LAWYER WITH A NATIONWIDE PRACTICE
We have a nationwide practice, and can assist you if you are required to appear before one of 650 immigration judges in America's approximately 69 U.S. federal immigration courts. The Helt Law Group and Mr. Helt has successfully assisted individuals in the immigration courts facing deportation matters at the Chicago, Atlanta, Memphis courts and other immigration courts for over three decades. Mr. Helt understands that if you received an NTA, these are very stressful times for you. Our office will be happy to discuss your options should you chose to stay in the United States, contest the charges against you or seek options to remain in the Unites States lawfully by requesting relief from these proceedings before the immigration judge.