Deportation is the formal removal of an individual from the United States when they have violated the immigration laws. An immigration judge will order deportation without any punishment being imposed or contemplated.
Deportation and exclusion were separate removal procedures before April 1997. However, the procedures were consolidated by the Illegal Immigration Reform and Immigrant Responsibility. Starting April 1, 1997, illegal aliens residing in and admitted to the United States can be subject to removal based on deportability. Now called Removal, the U.S. Immigration and Customs Enforcement manages this function.
There are two processes through which you can get asylum and avoid U.S. deportation: The Affirmative Process and The Defensive Process.
Individuals who have not yet been placed in removal proceedings before an immigration judge are eligible to move forward with the affirmative process. The first step is to submit Form I-589 to the USCIS affirmatively. Then, you must appear before a USCIS Asylum Officer for a non-adversarial interview. You must be physically present in the U.S. and bring a qualified interpreter to the asylum interview.
The defensive process is for individuals who have been placed in removal proceedings by an Asylum Officer for immigration violations or because they had entered the U.S. without the needed documentation but could prove a credible fear for persecution or torture.
During the defensive process, you must appear before an Immigration Judge with the Executive Office for Immigration Review. The Immigration Court will provide a qualified interpreter for the asylum hearing and procedures.
If you face the risk of deportation from the United States and want to stay in the country, you must move through the affirmative process or the defensive process. A deportation and immigration lawyer can help!
Shabani & Associates, P.C. is a Global U.S. and Canada Immigration law firm in Birmingham, Alabama, with a qualified, knowledgeable team of lawyers. We can walk you through the affirmative or defensive process and help you complete and file all the correct documentation.
To speak with one of Birmingham’s top immigration and deportation lawyers, contact Shabani & Associates, P.C. via phone, (205) 823-1223 or 1-866-WRK-VISA (toll-free), email, email@example.com, or our contact form.