What Are My Defense Options at a Deportation Hearing in Illinois?

 Posted on May 24, 2021 in Immigration

If you receive a Notice to Appear (NTA) for a deportation or removal hearing, or worse, if you are detained by ICE, your ability to remain in the U.S. is under serious threat. However, your removal is not necessarily a foregone conclusion. With the help of an attorney, you may be able to obtain relief from removal, protecting you from hardship or separation from your family. It is important to understand what options you may have for avoiding deportation depending on the circumstances of your case.

Do I Have the Right to an Attorney at My Deportation Hearing?

One of the best things you can do to protect yourself from deportation is to hire an attorney who can help you understand your options and represent you at your hearing. You should note that an immigration hearing is not a criminal trial, and therefore, you do not have a constitutionally guaranteed right to legal representation. This means that if you want an attorney to be present, you need to be proactive about securing their services and telling the court that you want to be represented. Otherwise, you will likely have to face your hearing on your own.

Removal Relief Options

Among the many benefits of an immigration attorney is their ability to review your NTA and help you understand the reason why removal proceedings have been initiated. With this information, you and your attorney can better prepare a strategy for your hearing. It may be possible to avoid deportation through one of the following methods:

• Dismissal of the proceedings - It may be possible to have the removal case dismissed if the stated reason for removal is unfounded. For example, the NTA may incorrectly state that you are in the U.S. unlawfully, or that you have committed a criminal offense that justifies deportation.
• Adjustment of status - If you are eligible for a visa or green card based on your familial relationship to a U.S. citizen or lawful permanent resident, you may be able to petition for an adjustment of status to stay in the U.S. legally.
• Asylum - If returning to your country of origin would put you at risk of persecution based on your identity, you may be able to avoid removal by applying for asylum.
• Cancellation of removal - There are high standards for a cancellation of removal, but it may be possible if you have lived in the U.S. for at least 10 years, you have a relative who lives lawfully in the U.S. and would be harmed by your removal, and you can demonstrate good moral character and a criminal record free of serious convictions.

Contact an Illinois Immigration Attorney

Hiring an attorney as soon as possible can be crucial to preventing your removal, and at Mevorah & Giglio Law Offices, we are ready to help. Our experienced Illinois immigration lawyers will review your case, help you prepare, and attend your hearing to give you the best possible representation. We offer a free initial consultation when you contact us at 630-932-9100.