Chicago Deportation Defense Attorney

A Notice to Appear (NTA) is a charging document issued by the U.S. Department of Homeland Security to begin removal (deportation) proceedings against an individual physically present in the U.S. and allegedly in violation of U.S. immigration law.

The NTA is an important document for two reasons. First, it serves as formal notice that an individual is being placed in removal (deportation) proceedings. Second, it contains a number of allegations by the U.S. government against the individual being placed in removal proceedings.

An individual scheduled for an immigration court hearing MUST appear at the hearing. If you are late or do not show up, the immigration judge will enter a removal order in your absence.

Yes. There are a number of legal grounds that the U.S. government could use to terminate your status as a legal permanent resident. The most common ways are conviction(s) of certain serious crimes and abandonment of legal permanent resident status.

Cancellation of removal is a way to stop deportation for certain individuals who are in removal proceedings. There are three types:

• For non-permanent residents (using Form EOIR-42B)
• For permanent residents (using Form EOIR-42A)
• Special rule for victims of domestic violence (also using Form EOIR-42B)

The third type, often called “Violence Against Women Act (VAWA) cancellation of removal,” is for non-permanent residents who are spouses or children of U.S. citizens or those who suffered abuse from a U.S. citizen or lawful resident spouse or parent.

To qualify for cancellation of removal, you must meet the following requirements:

• Prior to the service of the Notice to Appear (NTA), you have maintained continuous physical presence in the United States for ten (10) years* or more
• You are a person of good moral character
• You have a spouse, parent, or child under the age of 21 who is a U.S. citizen or legal permanent resident
• Your removal would result in exceptional and extremely unusual hardship to your U.S. citizen or legal permanent resident spouse, parent, or child, and you are deserving of a favorable exercise of discretion on your application.

Alternatively, for VAWA cancellation of removal, you must show that:

• You have been battered or subjected to extreme cruelty in the U.S. by your U.S. citizen or legal permanent resident spouse or parent
• You are the non-abusive parent of a child who is or was subjected to domestic violence or extreme cruelty by a U.S. citizen or lawful permanent resident parent. The parent need not be abused.
• Prior to the service of the Notice to Appear, you have maintained continuous physical presence in the United States for three years or more and you have been a person of good moral character
• You are not inadmissible and/or deportable under certain sections of the INA, and you have not been convicted of an aggravated felony as defined under the INA
• Your removal would result in extreme hardship to you or your child who is the child of a United States citizen or legal permanent resident; or you are a child whose removal would result in extreme hardship to you or your parent
• You are deserving of a favorable exercise of discretion on your application.

* If you have been an active duty member of the military for at least 24 months, you do not need to meet the requirement of continuous presence.