Removal proceedings are one of the most high-stakes legal situations a person can face, and the decisions made while a case is pending can shape everything that comes after. At Borjas Law Group, LLC., we work with clients throughout Chicago and the surrounding Cook County area, and we’ve seen solid cases get weakened, not by the facts, but by avoidable missteps made during the waiting period. The process can stretch on for a long time. Non-detained cases in Chicago sometimes go years before a final hearing date arrives. That window matters enormously, and how you use it matters even more.
If you are currently in removal proceedings, understanding the full scope of your rights and obligations under U.S. immigration law is one of the most important things you can do right now. What follows are some of the most consequential mistakes we see people make while their deportation cases are pending, and what to consider instead.
Missing a Court Hearing
This one carries serious weight. If a person misses their court date, even if it was scheduled many years earlier, the immigration judge can order removal without the person present. This carries serious consequences. That’s not a warning to take lightly.
If a person fails to attend any of their immigration court hearings, they may receive an In Absentia Order of Removal. This is an order of removal that the judge issues even though the immigrant did not attend their immigration hearing. And once that order is in place? It is difficult to fight this order once it is in place, so it is important for immigrants to be present for all hearings.
Write the date down. Set reminders. Confirm the location.
Failing to Update Your Address with the Court
People move. Life happens. But in removal proceedings, a change of address is not something you can handle casually or get to “later.”
People in immigration court must notify the immigration court within five business days of an address change. This must be done within five business days of an address change. If a person fails to change their address, they will miss important notices from immigration that could have serious consequences. Those notices include hearing dates. Miss a hearing because your notice went to an old address, and the result may still be an order of removal.
If you do not file a change of address with the court, notices about upcoming court dates could go to your old address. If you miss a court date, the judge could issue an order of removal. The form to update your address with the immigration court is the EOIR-33. It’s available at the courthouse and online. This is not a bureaucratic inconvenience. It’s a critical piece of protecting your case.
Going Without Legal Representation
Frankly, this is where we see the biggest gap between what people think they can handle and what the process actually demands. These cases are hard to win, especially without an immigration lawyer. And unlike criminal court, there is no appointed counsel if you cannot afford one. Unlike criminal proceedings, you will not be provided an attorney if you can’t afford one.
The stakes of going it alone are real. Research in this area has suggested that represented individuals fare significantly better in immigration court than those without counsel. The Chicago Immigration Court handles cases for people throughout Illinois, and the procedural expectations inside that courtroom can catch an unprepared person off guard. An attorney knows what judges look for, how to present evidence effectively, and how to identify relief options that may not be immediately obvious to someone unfamiliar with the system.
We encourage people to reach out for legal help as early as possible. Waiting until the day before a merits hearing to find representation puts everyone in a difficult position.
Making New Legal Trouble While the Case Is Open
About those criminal matters that come up during a pending case… this is something that deserves a direct conversation. Any new criminal activity, even something that might seem minor, can significantly complicate a removal case. Illinois state law and federal immigration law operate on separate tracks, and what is treated leniently in one system may carry harsh consequences in the other.
Consider this: using marijuana or cannabis is illegal at the federal level. This is true even though it is legal in the state of Illinois. That distinction matters enormously for someone in removal proceedings. Federal immigration law governs removal cases, not Illinois state law. A new arrest or conviction during a pending case can introduce additional grounds for removal, undermine a claim of good moral character, and shift the entire direction of a case. This is not an area where the risk is worth taking.
Signing Documents You Do Not Understand
This comes up more than people realize. Whether it’s a document presented by an ICE officer or a form handed over by someone claiming to offer immigration help, signing something without fully understanding it can have lasting consequences. Do not sign any forms or documents containing false or inaccurate information.
And on the topic of who is actually qualified to help: be wary of people offering assistance for exorbitant fees or making promises about the outcome of your case. Only licensed attorneys and accredited representatives recognized by the Department of Justice can represent you in court. Notarios and unauthorized immigration consultants may be engaging in the unauthorized practice of law and can cause serious harm to a pending case. If someone is making promises about your outcome, that is a warning sign worth taking seriously.
Not Exploring All Available Relief Options
To clarify something that often gets lost in the stress of a pending case: being in removal proceedings does not mean deportation is inevitable. The commencement of removal proceedings doesn’t mean your immigration fight is over. You still have the chance to tell your story, present your case, and push for a better outcome.
Relief options in immigration court can include cancellation of removal, asylum, adjustment of status, and other forms of protection depending on individual circumstances. Cancellation of removal is a type of relief that may be available to some people in deportation cases. It is open to both lawful permanent residents and people who do not have green cards, but the rules are different for each group. There are also options for survivors of certain crimes, people with qualifying family members, and others. Each situation is different, and the available options depend heavily on the specific facts of the case.
The point is: a pending case is still an open case. Treating it as already lost, or failing to actively pursue relief, may mean walking away from options that were genuinely available.
Waiting Too Long to Act
Most people who come to us late in the process wish they had come sooner. Deadlines in immigration court are real, and missing them can close off options permanently. There are time limits to reopen a case and it can be difficult, so it is best to seek assistance as soon as possible.
At Borjas Law Group, LLC., we work with clients across Chicago and the broader Illinois area. If you or someone you love has a removal case pending, we encourage you to reach out early. The sooner we understand your situation, the more options we may be able to explore together. Every case is different, and outcomes are never guaranteed, but preparation and timely legal guidance make a real difference in how these cases unfold.
Contact our office to schedule a consultation. We are here to help you navigate this process with the attention and care your situation deserves.
