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Deportation & Removal

Deportation & Removal Defence

Overview

The formal removal of an alien from the United States when the alien has been found removable for violating the immigration laws. Deportation is ordered by an immigration judge without any punishment being imposed or contemplated. Prior to April 1997 deportation and exclusion were separate removal procedures. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 consolidated these procedures. After April 1, 1997, aliens in and admitted to the United States may be subject to removal based on deportability. Now called Removal, this function is managed by U.S. Immigration and Customs Enforcement.

 

Looking for the asylum in the U.S.?

Learn more about the affirmative and defensive process if you are interested in immigration.

As said before, there are two ways of getting the asylum and avoid the deportation no matter if the person is already in detention (Remember that now the deportation procedure is called Removal). Those processes are: The Affirmative Process and the Defensive Process. In the Affirmative Process, you must not have been placed in removal proceedings before the Immigration Judge and also you have to submit affirmatively the Form I-589 to the USCIS.

For this process you also have to appear before a USCIS Asylum Officer to have a non-adversarial interview so that means that you have to be physically present in the U.S. Also, you must bring a qualified interpreter to the asylum interview so everything is made with the knowledge of both parts.

 

Defensive process

In the other hand, the Defensive process is for those people who have been placed in removal proceedings by an Asylum Officer, for immigration violations or because they had entered the U.S. without the documentation they needed but could prove a credible fear for persecution or torture.

In this case the person should appear before an Immigration Judge with the Executive Office for Immigration Review. In this case the Immigration Court will provide a qualified interpreter fro the asylum hearing and all the procedures.

These two procedures must take place if there’s a clear menace of deportation, whether the person is in detention or not, if the individual wants to stay in the country it must made his removal defense through affirmative or defensive process.

 

Get Professional Help

Whether you need help with the Affirmative or the Defensive Process, please call to Mr. Shabani from the Shabani & Associates, P.C. Global U.S. and Canada Immigration, to help you out with all the documents you need to know. Get a high quality legal service from the expert of Immigration in Birmingham, Alabama.

In this case the person should appear before an Immigration Judge with the Executive Office for Immigration Review. In this case the Immigration Court will provide a qualified interpreter from the asylum hearing and all the procedures.

These two procedures must take place if there’s a clear menace of deportation, whether the person is in detention or not, if the individual wants to stay in the country it must made his removal defense through affirmative or defensive process.

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