Criminal Alien Issues & Deportation/Removal Defense
Chicago Deportation Defense Lawyers & Services
The process involving the forced departure of foreign nationals from the U.S. now takes place within the context of Removal Proceedings, previously known as deportation proceedings. Removal Proceedings may be brought against foreign nationals whether they are in the U.S. legally or not since there are many instances where an individual lawfully in the U.S. may commit an act that subjects them to deportation. In most cases, the foreign national will have the right to be represented by an attorney, at no expense to the government and to present any and all defenses to deportation/removal before an order is issued.
In the simplest cases, the foreign national is placed in removal proceedings because he merely overstayed his visa or entered the U.S. without authorization. In these cases, the defense will usually be “cancellation of removal” as long as If the individual accumulated more than 10 years of presence in the U.S., has good moral character, and can show that their removal from the U.S. will cause a U.S. citizen or resident parent, spouse or child to suffer “exceptional and extremely unusual hardship.”
In other cases, the foreign national placed in removal proceedings is already a lawful permanent resident (Green Card status), but was convicted of a particular criminal offense that subjects them to removal. In some cases a criminal alien, even those with multiple criminal convictions, may be eligible to be considered for relief from removal – most often, Cancellation of Removal for Permanent Residents, but only if the criminal convictions at issue do not fall under one of the toxic categories of crimes, such as “aggravated felony.”
In cases where a foreign national, whether a Permanent Resident, a lawful nonimmigrant or even undocumented is the subject of a criminal proceeding, it is absolutely necessary that an experienced immigration attorney be consulted so that the foreign national is well informed of the immigration/deportation consequences of any prospective guilty plea.
Whatever the charges of removal/deportation, I will put to work my 20+ years of experience providing removal or deportation defense services to maximize a foreign national’s chances of remaining in the U.S. Often, the foreign national facing deportation or removal will walk away from proceedings with an improved immigration status – such as a Green Card by way of an application for relief before the Immigration Court.
For assistance with criminal alien issues or deportation/removal proceedings contact the Law Offices of Richard Hanus today.
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