Removal (previously called Deportation) occurs when the United States government determines that a foreign-born individual should no longer be in the United States, and legally removes that person from the United States.
Before September 2002, the agency that was charged with overseeing immigration issues was the Immigration and Naturalization Service (INS). In September 2002, Congress passed and President Bush signed the Homeland Security Act, transferring the powers of the INS to the Department of Homeland Security. The immigration service functions of the INS are now placed under the Bureau of Citizenship and Immigration Services (BCIS).
Exclusion is determined when the foreign individual is seeking entry into the United States. Thus, when you are attempting to get a green card, a visa or just cross the border, you can potentially be excluded from consideration. If the United States has determined that you should be excluded, you cannot attempt to re-enter the U.S. for at least one year. It is a felony offense if you do re-enter before the end of that year. You must also gain permission from the BCIS before re-entering.
A person who is already in the United States is potentially subject to removal or deportation. A person here illegally, or with a valid visa or green card, can be deported. If you have been deported, you cannot gain re-entry into the United States for at least five years. It is a felony if you re-enter before the end of the five years. You must also receive permission from the BCIS before you re-enter.
Because staying in the United States is a privilege and not a right for non-citizens, the United States government can force an individual to return to his or her home country for a number of reasons, such as:
If you have been served with an order for deportation proceedings, you still may be able to stay in the United States. There are several different ways you can seek relief from deportation. Some methods for relief from deportation include:
An immigration attorney will be able to advise you of all the possible methods to legally avoid deportation. An immigration attorney can also help you with all the detailed procedures of the deportation hearing.
Last Modified: 11-19-2017 11:42 PM PSTLaw Library Disclaimer
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