The US Deportation Laws

The term “deportation” is used when an immigrant is formally removed from the US by the federal government for violating specific or immigration laws. After deportation, a foreigner may not have the right to step into the US anymore.

Keep in mind that if you are in a different country, being NOT involved on any drug cases and avoiding deportation is a must. But if it is avoidable, you must seek for a legal advises or look for a drug crime lawyer Dallas TX.

Deportation is a legal process; so any foreigner who is subject to the procedure has rights before being deported from the US, including a right to challenge the deportation itself on constitutional or procedural grounds.

Classes of Deportable Foreigners according to the US Deportation Laws

Any foreigner who is in the US may be subject to removal or deportation if he/she:

  •  Is present in the United States in violation of the Nationality and Immigration Act or other United States laws
  •  Aided or encouraged any other foreigner to illegally enter the United States
  •  Terminates a conditional permanent residence
  •  Violated any entry condition into the United States or non-immigrant status
  •  Is inadmissible according to the immigration laws during the entry time into the United States or non-immigrant status adjustment
  •  Has been convicted of specific criminal offenses
  •  Was involved in voting unlawfully
  •  Was involved in any activity which causes a national security risk or endangers the safety of the public
  •  Falsified or did not register entry documents into the US
  •  Was involved in marriage fraud in a bid to get into the US

Deportation Process According to the US Deportation Laws

  •  The United States Immigration and Customs Agency issue a Notice to Appear which is served to the foreigner and then filed with the immigration court. The NTA contains the immigrant’s general information (name, age, country of origin, etc.), as well as the reasons for the eviction or deportation.
  •  A hearing will be scheduled, where the immigration judge will ask if the foreigner is ready to continue with the case, or needs more time to get an attorney. If the latter is the case, a hearing will be scheduled for another date.
  •  After choosing to proceed without an attorney, or securing one, the contents of the Notice to Appear must be verified by the foreigner.
  •  If the immigration judge concludes that the NTA information is correct, the foreigner is given a chance to apply for an appeal from deportation. But if the foreigner isn’t eligible, the judge will order a deportation.
  •  If the foreigner has been deported by order, he/she has thirty days to appeal to the Board of Immigration Appeal. If the appeal isn’t granted, the foreigner can appeal to the appropriate Court of Appeals. An unfavorable hearing decision can be appealed by the immigration service, but cannot do this with the BIA. The immigration service or the foreigner can appeal the appellate court decisions to the United States Supreme Court.

Get Legal Support with Your Deportation Issue

In the US, deportation is a critical matter which can be tough for immigrants. If you or your love ones faces a potential eviction or deportation, it is advisable to get an immigration attorney to protect your rights and discuss your case. You can check here if you decided to look for legal support.

 

Corporate and Employment Law

KSG&A represents a substantial number of businesses of all sizes, including privately and publicly held companies headquartered in DuPage County, and others from all over the United States and the world who do business in the Chicago area. The legal services we provide include:

  • General corporate representation involving corporate formation
     
  • Corporate action and the recording of such action
     
  • Advice and counsel to the board of directors and officers of the corporation regarding corporate structure, finance and stockholder matters
     
  • Corporate acquisitions, divestitures and transactions involving the sale of assets or businesses
     
  • Facilitation of corporate financing and stockholder matters
     
  • Negotiating and preparing contracts
     
  • Franchising
     
  • Corporate restructuring
     
  • Licensing
     
  • Contract issues
     
  • Employment matters including personnel policies, workers’ compensation, civil rights, employment discrimination, ADA compliance and labor contracts and negotiation thereof, FMLA compliance and FLSA compliance
     
  • Litigation
     

Some of the clients we represent include banks, securities and brokerage firms, construction companies, contractors and many other types of businesses.

Real Estate Law

Our real estate services include acquisition and sale of real estate (both commercial and residential), acquisition of easements for municipal streets and utilities, construction contracts, mechanics’ liens, loan documentation and foreclosure, title insurance, tax objection defense for local governments, and condominiums.

 

Land Use and Development Law

Land use, zoning and development are key issues in community vitality and growth. Our firm demonstrates extensive experience in representing local governments, individuals, developers and corporations, in a wide variety of land use and real estate development matters in the Chicago metropolitan area. The attorneys of KSG&A have broad experience in land use law having represented numerous individuals, firms, corporations and government entities in a wide variety of land-use matters. For our developer clients, our attorneys have appeared before zoning boards, plan commissions, city councils and village boards for annexation, rezoning, conditional uses, variations and subdivision matters in DuPage, Will, Kane, McHenry and Lake Counties, the municipalities of Carol Stream, Woodridge, Clarendon Hills, Darien, Evanston, Palos Heights, Burr Ridge, Naperville, Wayne, Lisle, West Chicago, Downers Grove, Hanover Park and many others. KSG&A has also represented various municipalities in land use matters in both state and federal court on annexation, eminent domainlitigation, zoning, regulatory taking and solid waste issues.

Our attorneys represent Elmhurst, Oak Brook, Wayne, Oakbrook Terrace, and the DuPage Mayors and Managers Conference on land use issues. A member of our firm has served as a Special Assistant State’s Attorney, representing the DuPage County Solid Waste Committee, and another member of the firm has represented the City of Wheaton and DuPage Mayors and Managers Conference in a quo warranto action involving the operation of landfills by the DuPage County Forest Preserve District.

The experience of KSG&A, representing both government entities and private clients provides the ability to view land use matters from the perspectives of all major players in the land development process.

GREEN CARDS

Permanent immigration is the main objective of the majority individuals entering or making arrangements to enter the United States. A “Green Card” is an identification card that demonstrates the official permanent resident status of an immigrant (Lawful Permanent Residency) in the United States. Green card also refers to an immigration process of becoming a permanent resident.

The green card serves as proof that its holder, a Lawful Permanent Resident (LPR), has been officially granted immigration benefits, which include permission to reside and take employment in the USA. The holder must maintain permanent resident status, and can be removed from the US if certain conditions of this status are not met.

At the same time as the individual’s green card application is pending, he or she can obtain two important permits while the case is pending. The first is a temporary work permit known as the Employment Authorization Document (EAD), which allows the alien to take employment in the United States. The second is a temporary travel document, advance parole, which allows the alien to re-enter the United States.

Both permits award benefits that are independent of any existing status granted to the alien. For example, the alien might already have permission to work in the United States under an H1-B visa.

U.S. immigration legislation in the Immigration and Nationality Act (INA) stipulates that an alien may obtain permanent resident status only through the course of the following proceedings:

Lawful permanent residency gives individuals a multitude of benefits, including the ability to live as a free person in this country and to live and work permanently in the U.S. Although, Lawful Permanent Residents generally do not have the right to vote, the right to be elected in federal and state elections, the ability to bring family members to the United States (however permanent residents are allowed to sponsor certain family members), or eligibility for certain federal government jobs.

Male permanent residents between the ages of 18 and 26 are subject to registering in the Selective Service System. Permanent residents pay taxes on their worldwide income, like U.S. citizens. Also, certain conditions that may put a permanent resident in deportation proceedings do not apply to U.S. citizens.

A Lawful Permanent Resident can apply for United States citizenship, or naturalization, after five years of residency. This period is shortened to three years if married to a U.S. citizen, or four years if permanent residency was received through political asylum. Lawful Permanent Residents may submit their applications for naturalization as much as 90 days before meeting the residency requirement.

Citizens are entitled to more rights (and obligations) than permanent residents (who are still classified as aliens in this respect). This is just a small portion of information and the extent of complexity of green card issuance. Green Card processing can be extremely difficult and confusing.