Deportation Lawyer Chicago

Stays of Deportation

If you are not a US citizen, and are facing deportation Chicago, you'll probably want to work to postpone deportation while you attempt to get permission to remain in the country legally. Depending on which immigration authority is handling your case and where you are in the legal process, you may be able to postpone deportation.

Deportation, also known as removal, is the process of expelling a foreigner from the country. Because it can be tough to fight your case when you're no longer living in the United States–and because deportation can cause tremendous stress to you and your family–you should ask to have your deportation postponed so you can consult with a Chicago Deportation Lawyer and pursue all legal avenues. This postponement is called a stay of deportation or stay of removal. A stay is a temporary suspension of an action. When we talk about a stay of deportation or a stay of removal, it means that the Chicago judge or court has postponed a scheduled deportation.

Different government agencies are involved in the immigration process. Each agency handles requests for a stay of deportation differently.

Typically, a stay of deportation would be requested while you are appealing your case. An appeal occurs when you ask a higher court to review the decision of a lower court in hopes that the higher court will decide that the lower court made a mistake in its decision.

Administrative Appeals Office

If you are appealing a decision to the Administrative Appeals Office, there is no stay of deportation while the appeal is pending.

Board of Immigration Appeals

In most cases, people will not be removed (deported) during the period in which an appeal may be filed. At the BIA's discretion, a stay of deportation may be issued while the appeal itself is pending.

However, a stay of removal is not permitted if you are appealing:

• An immigration judge's denial of a motion to reopen
• An immigration judge's denial of a motion to reconsider
• An immigration judge's denial of a motion to stay

The only exceptions to this would be:

• If the denial specifically granted a stay
• If the original order was entered in absentia, meaning that the person who is the subject of the order was not present at the deportation proceedings

Stays While Filing a Motion to Reopen or Reconsider

If your Chicago Deportation lawyer files a motion to reopen your case with an immigration judge, the Board of Immigration Appeals or the Department of Homeland Security, then your lawyer may also file a motion to stay removal or deportation while the motion to reopen is pending. A motion is a request to the court or the judge who is hearing a case. When you make a motion, you're asking the court to take a specific action. The court will usually agree with your request or deny your request. However, filing the motion to reopen does not automatically mean that the deportation will be postponed.

If the original removal order was entered in absentia, then an automatic stay of deportation will be granted when your lawyer files a motion to reopen.

Questions for Your Chicago Deportation Lawyer?

Immigration proceedings are understandably complicated. Because these types of cases carry with them serious consequences, it pays to hire an experienced immigration attorney to help you with your case.

Among the questions to consider asking your lawyer:

• Have you previously handled cases similar to mine?
• Do I qualify for a stay of deportation while my appeal is being considered?
• What is the likelihood of success in my case?
• How much do you charge for your services?