The term “deportation” is being used less and less; it is being replaced by the term “removal”. Either one happens when a non-citizen alien of the US is ordered to leave the country. There are a number of reasons for this removal to be ordered, it could be that the visa held by the alien has expired or a criminal conviction.
Immigration lawyers in Chicago can work with the alien facing removal in an attempt to get relief. In the event the individual if found to be eligible for relief then he or she will not be removed or, depending on the specific circumstances, the removal may be postponed until a later date. It is the alien which has the burden to prove that they are eligible for such relief, not the authorities.
What are the different forms of relief available to the alien?
Relief falls under two broad categories:
* Discretionary
* Administrative or Judicial
Discretionary relief can happen while removal proceedings are actually being actively conducted. Administrative or Judicial relief is available remedies that can be granted after the hearings have been completed. Some of the types of discretionary relief include the following but for full details on their effectiveness it is advisable to discuss the details with immigration lawyers in Chicago.
*Voluntary departure: This relief is often used by those who wish to re-enter the country after some time. When voluntary departure is opted for the alien is allowed to leave on his or her own free will. Although the alien is actually leaving the country, because it is voluntary there is no stigma of having been deported. Once voluntary departure has been granted the alien has to leave in a specified time period, failure to leave will result in serious penalties.
* Adjusted status: The judge involved in the case may agree with the immigration lawyers in Chicago and allow the alien to change from non-immigrant to permanent resident.
* Removal order cancelled: This can be granted but in most cases it only affects a lawful permanent resident. To qualify the alien must have been in continuous residence, have a clean criminal record and show that should he be deported there will be extreme hardship for him or his family.
* Asylum: Asylum can be granted if it can be shown that the alien will be subjected to severe political persecution in their mother country. This is difficult to acquire as the proof needed to support the claim is significant.
If you have been ordered to be removed from the US you are advised to seek the services of immigration lawyers in Chicago.
If you find yourself in an awkward situation with US immigration you will need to be supported by a team of immigration lawyers in Chicago. You are invited to contact Din Law.
