If you or a loved one are facing the possibility of being removed from the United States, it's important to understand the difference between removal and deportation proceedings. Both processes have different requirements, and if not handled correctly, can lead to significant consequences. In this blog post, we'll go over the basics of removal and deportation proceedings, their differences, and how an attorney can help.  What is Removal? Removal is the process by which an immigrant is removed from the United States for violating immigration law. This process is also known as deportation. Individuals can be removed for a variety of reasons, including overstaying their visa, committing a crime, or entering the country unlawfully. Individuals facing removal proceedings have the right to an attorney and a hearing before an immigration judge to explain their case. What are Deportation Proceedings? Deportation proceedings are the legal process by which the government seeks to deport an individual from the United States. Deportation proceedings are initiated by the government, typically through U.S. Immigration and Customs Enforcement (ICE) officers. Deportation proceedings are often initiated when an individual violates immigration law, including entering the country unlawfully or overstaying their visa. How Long Does the Process Take? The length of the removal and deportation process can vary depending on the specific circumstances of each case. However, both proceedings can take several months to several years to resolve. It's important to have an experienced immigration attorney to help guide you through the process, minimize delays, and ensure that your rights are protected. How Can an Attorney Help Me? An experienced immigration attorney can provide valuable assistance when navigating the removal and deportation process. Your attorney can help you prepare for your hearing, gather evidence to support your case, and present arguments to the immigration judge. They can also help you understand your legal rights and the potential consequences of your case, including the possibility of being removed from the United States. Understanding the difference between removal and deportation proceedings can be confusing, but it's important to know what you're up against. Both processes can be lengthy and complicated, and it's crucial to have an experienced immigration attorney by your side to help guide you through every step of the way. At the Law Office of John Smith, we have years of experience representing clients in immigration cases, and we're ready to help you with your case. Contact us today to schedule a consultation and let us help you protect your rights and stay in the United States.

Asylum seekers come to the United States to escape persecution, oppression, and violence in their home countries. When faced with persecution, it's essential to understand the different types of asylum available in the U.S. legal system. Affirmative and defensive asylum are two different types of asylum, and having a clear understanding of both can make all the difference in whether you are able to stay in the U.S. In this article, we will differentiate between affirmative and defensive asylum, what they are, and how you can seek asylum with the help of an attorney. What is Affirmative Asylum? Affirmative asylum is available to those who apply before they are placed in deportation proceedings. An individual may apply for affirmative asylum regardless of their current immigration status, meaning they can be undocumented and still apply. The process begins by filing an I-589 application with U.S. Citizenship and Immigration Services (USCIS). After that, an immigration officer will conduct an interview with the applicant, and a decision will be made on whether to grant the application. If the application is denied, the applicant could face removal proceedings in immigration court. However, if their application is approved, the applicant will be able to remain in the United States and apply for work authorization. What is Defensive Asylum? Defensive asylum applies to individuals who are already in removal proceedings. A person in this situation must present their case before an immigration judge because they were already arrested and placed within deportation proceedings. An applicant must demonstrate that they had arrived in the United States within the required one-year time limit and show evidence that they are eligible for asylum. If the Judge does not grant the application, the applicant faces deportation. How can an Attorney help me? An attorney who is experienced in immigration law can be a tremendous asset to you when you are applying for asylum in the United States. They can help you through every step of the application process, prepare you for your interview with USCIS or the immigration judge, and help you avoid making mistakes that could jeopardize your chance of success. An experienced immigration attorney can help you gather evidence that will support your application, and pinpoint critical legal issues on which the Judge will focus. Crucially, they can represent you in court. Asylum seekers come to the U.S seeking safety and protection. However, navigating the asylum process can be complicated and confusing, which is why it's essential to understand the difference between the two types of asylum – affirmative and defensive asylum. An experienced immigration attorney can help you understand your options, prepare a strong case, and advocate for you in court. By seeking the help of an attorney, you can increase your chances of success in the asylum process. With the right legal counsel and support, you can find safety and refuge in the United States.

Congratulations! You and your loved one have decided to take the next step towards making your relationship permanent by applying for a green card through marriage. However, before the U.S. government can grant you this immigration benefit, you must first attend a green card interview. Naturally, you may feel nervous and unsure about what to expect during this interview, but do not worry! This blog post will provide you with some invaluable tips to help you ace your marriage green card interview in New York City.  Can You Reschedule an Interview? Yes, you can reschedule your interview but only in certain circumstances, such as a medical emergency or extreme weather conditions. However, it is best to avoid rescheduling the interview unless it is absolutely necessary. If you need to reschedule the interview, make sure to follow the instructions listed in your notification letter and contact USCIS as soon as possible. Will My Attorney Be There? Your attorney may attend the interview with you, but it is not mandatory. Having an attorney with you can be very helpful, especially if you have any concerns or questions about the interview. Your attorney can also assist you in explaining any complex legal matters that may arise during the interview. How Many Interviews Will There Be? Typically, USCIS will conduct only one interview for a marriage-based green card application. However, in some cases, USCIS may request a second interview. If this happens, you should not panic. It is not necessarily a bad sign; USCIS simply wants to ensure that your marriage is bona fide. Follow the tips outlined in this blog post for your second interview. How Can an Attorney Help Me? An experienced immigration attorney can help you prepare for your interview by reviewing your application and discussing the potential questions that may arise during the interview. Your attorney can also provide you with advice on how to present yourself during the interview and what documents to bring. Additionally, if there are any issues with your application or interview, your attorney can help you deal with them. Attending a marriage green card interview may seem scary, but with proper preparation, you can make it a stress-free experience. Remember to bring all the required documents, be honest about your relationship with your partner and above all, remain calm and confident throughout the process. If you have any concerns regarding your interview, it is always best to consult with an experienced immigration attorney who can provide you with invaluable guidance and support. With these tips in mind, we hope that you are well-prepared for your marriage green card interview in New York City!