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Read full answerImmigration law in Wheaton is governed primarily by federal law. The U.S. Citizenship and Immigration Services - USCIS - the U.S. Immigration and Customs Enforcement - ICE - and the Executive Office for Immigration Review - EOIR - set the rules and handle most cases. Local governments and agencies in Wheaton and DuPage County can influence how federal policies are carried out on the ground, and they often provide community services, legal referrals, and emergency support. If you live in or near Wheaton and are dealing with an immigration matter, you will interact with a mix of federal offices, local courts or services, and community organizations.
Immigration law is complex and small errors can have large consequences. People commonly need a lawyer in situations such as removal or deportation proceedings, family-based petitions for green cards, petitions for asylum or withholding of removal, applying for citizenship, DACA applications or renewals, employment-based petitions and labor certification issues, applications for humanitarian visas such as U visas or T visas, requests for waivers of inadmissibility, handling criminal convictions that affect immigration status, responding to ICE detainers or arrests, and appealing denials to the Board of Immigration Appeals. A lawyer can evaluate your case, protect your rights at interviews or hearings, prepare applications correctly, meet strict deadlines, and represent you in immigration court.
Immigration status itself is decided under federal law, but state and local laws affect everyday life. Key local aspects to keep in mind include the following.
First, state policies can determine access to certain benefits or services - for example, rules about driver-licenses, state IDs, and access to state-administered programs differ from state to state. Second, local police and county agencies may have written policies about cooperation with federal immigration authorities - some jurisdictions respond to ICE detainers and some do not. Third, local school districts must follow federal law that guarantees K-12 education regardless of immigration status, but practical enrollment requirements often require specific documents. Fourth, housing, workplace safety, anti-discrimination and tenant protections are typically governed by state and local rules and can affect immigrants - knowing those protections helps if you face housing or employment problems. Finally, local legal clinics, non-profit providers, and county court rules can shape how and where you get help - for example, where to file certain papers or which local organizations provide pro bono services.
USCIS handles applications such as green cards, work permits, naturalization, and certain humanitarian requests. ICE enforces removal and detains people in some cases. EOIR manages immigration courts and hearings. Generally, if you filed an application with USCIS you will get USCIS notices. If you are in removal proceedings you will receive notices from the immigration court - often the Chicago immigration court serves northern Illinois. An attorney can confirm which office has jurisdiction in your case.
Local police typically enforce state and local laws, not federal immigration law. Whether they will hold someone for federal immigration authorities depends on county or municipal policy about compliance with ICE detainers. Policies change over time - if you are concerned, consult a lawyer or a local immigrant rights group for the current policy and for steps to take after any police contact.
If you have an immediate relative who is a U.S. citizen - such as a spouse, parent if you are under 21, or child over 21 - you may be eligible to apply for lawful permanent resident status. Eligibility depends on your specific history - including entries to the U.S., prior removals, criminal records, and whether you need any waivers. A lawyer can review your situation and advise on the correct process.
Do not ignore it. Notices to Appear or hearing notices set strict deadlines and failure to appear can result in a removal order in your absence. Contact an immigration attorney immediately to understand your rights, possible defenses, and how to request continuances or file necessary applications or motions.
Yes, you may apply for asylum if you are physically present in the United States and meet the legal definition of a refugee - that is, a well-founded fear of persecution in your home country based on race, religion, nationality, membership in a particular social group, or political opinion. There are strict filing deadlines and evidentiary requirements. If you are in removal proceedings, you can request asylum before the immigration court, but the process is complex and benefits from legal representation.
Certain criminal convictions can make a noncitizen inadmissible or removable. The immigration consequences depend on the type of conviction, the sentence imposed, and whether the person is a lawful permanent resident or has a different immigration status. Even minor offenses can have serious immigration consequences, so consult an immigration attorney before pleading guilty in criminal court if you have immigration concerns.
Start with the DuPage County Bar Association lawyer referral service or local legal aid organizations and community-based immigrant service providers. Law school clinics in the region sometimes offer free representation. National groups such as the American Immigration Lawyers Association can help you find qualified private attorneys. When contacting providers, ask whether they handle your type of case and whether they offer sliding scale or pro bono services.
If you are a lawful permanent resident and meet eligibility requirements - such as continuous residence, physical presence, good moral character, English and civics requirements, and specific time thresholds - you can apply for naturalization with USCIS. The process includes an application, biometrics appointment, interview, and an oath ceremony. A local attorney or accredited representative can help prepare your application and represent you at interviews if needed.
If ICE appears, remain calm and do not resist. You have rights - for example, you can ask to see a warrant or a judicial order before letting agents into your home. If they do not present a judicial warrant, you may refuse entry. Always avoid providing false information. If you are arrested, you should ask to speak to an attorney and not sign anything without legal advice. Prepare an emergency plan with key documents and contacts in case of detention.
Processing times vary widely by case type and by the agency or court handling the matter. USCIS application processing can take months to years depending on the form. Immigration court backlogs mean removal proceedings can also take months to years. Emergency situations such as bond hearings are faster. A lawyer can give an estimated timeline based on current processing times and the specifics of your case.
Governmental bodies you may interact with include USCIS, ICE, EOIR - the immigration courts, and the U.S. Department of State for visa and consular matters. For legal help or community support look for local resources such as the county bar association lawyer referral service, nearby legal aid organizations, immigrant rights and advocacy groups, religious charities that provide immigration services, and law school immigration clinics. National associations such as the American Immigration Lawyers Association connect you with experienced attorneys. Also consider contacting your consulate if you are a foreign national and need assistance from your home country.
1. Gather documents - passports, birth certificates, any immigration paperwork, court records, arrest records, marriage and divorce certificates, and proof of residence and employment. Make copies and get certified translations of any documents not in English.
2. Know deadlines - note any notice dates, filing deadlines, or court dates. Missing deadlines can be fatal to your case.
3. Seek advice - start with a brief consultation from a qualified immigration lawyer or an accredited representative. If cost is a concern, contact local legal aid providers, bar association referral services, or law school clinics for low-cost or pro bono options.
4. Prepare for consultations - bring your documents, a written timeline of your immigration and criminal history if applicable, and a list of questions. Ask about experience, fees, communication preferences, and possible outcomes.
5. Create an emergency plan - choose a trusted contact who can receive notices, care for children, and access important documents if you are detained. Keep copies of important documents in a safe place.
If you need immediate legal help, prioritize finding an attorney or accredited representative with experience in the specific type of immigration matter you face. Accurate legal advice early in the process increases the chances of a favorable outcome.
