Legal Question in Immigration Law in Illinois

i have a bro in a correctional center that is non residence, he has a hold for deportation. Has been here for more than 38 years. he is 43. never out of the country. has several confictions and has servied time before. Any changes my father being a US citizen can help him to stay in the united states.

Asked on 1/26/12, 8:30 am

1 Answer from Attorneys

Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation


Removal/Deportation Representation

It is critically important that you get qualified and expert representation for the deportation/removal hearings. The Government will try to get the deportation issued. Neither the Immigration Judge, nor the Trial Attorney are there to help you. There are different forms of relief available which could result the granting of Lawful Permanent Residence. However, this requires large applications to be prepared and the necessity to prepare for trial. My firm has done this for several years, and if done properly, there is a very reasonable chance that it will be successful. If not done properly, the deportation order will be issued and your current way of living in the United States will end and you will either be on the run or be forcibly removed from the United States. 


As for the father being a citizen, that depends on different factors on if it would help your brother.

Derivative Citizenship

In some cases, people are U.S. Citizens and do not know it. In this case, it is possible for us to file what is known as a Derivative Citizenship Petition. It is a petition that if approved, will give proof of U.S. Citizenship. There is a significant amount of evidence that would be required for this type of petition, but if done properly, there is a reasonable chance of success. 

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Answered on 1/31/12, 4:22 pm

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