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Deportation involves removal from the United States and repatriation to one’s country of origin. It involves absolutely no support to put that person in a living situation. The process can be traumatic, even for people who do not face any negative repercussions.

Deportation can be life-threatening for those facing potential persecution in their country of origin, considering many people come to the U.S. to escape persecution, torture, or even death. There are several methods to seek asylum in the United States. Still, one of them is through the defensive asylum process. This process begins after an immigrant has been placed into the removal process and the government is attempting to deport them. A lawyer could provide invaluable assistance using asylum as a defense in Aurora deportation proceedings.

Understanding Asylum

A person seeks asylum because of a credible fear of persecution in his or her country of origin. Some types of persecution include religious, cultural, racial, gender, and sexuality. Political persecution is also common.

To fear persecution, a person does not have to be a direct victim, but he or she must be a member of a vulnerable group.

Asylum is not the same as being a refugee. When someone is a refugee, the U.S. government works with them in refugee programs to resettle them in this country. Refugee programs often deal with large groups of people, while asylum seekers must apply for asylum individually.

One of the trickiest aspects of asylum is that people cannot apply before coming to the U.S. Instead, people apply when they present themselves at the border or after entering the country. They are obeying asylum laws to do so while often simultaneously being in the country without appropriate documentation. As a result, asylum seekers in Aurora may be subject to deportation and need to use their status as a defense.

The Asylum Process

Generally, the first time someone seeks asylum will be through an affirmative process. However, there are two ways to seek asylum in a defensive process, both in response to removal proceedings by the Executive Office for Immigration Review (EOIR). Removal proceedings happen when the United States Citizenship and Immigration Services (USCIS) seeks to deport someone for being in the country illegally. Additionally, the decision-maker in the affirmative asylum process can refer the case to the EOIR.

To defend asylum, a person must first establish a credible claim of potential persecution. There is no definition of persecution, but the potential for physical or emotional harm generally satisfies this requirement. The harm can be specific to a person or an entire group. While claims of persecution based on gender or sexuality are possible, they can be more difficult to establish than claims based on religion, race, or cultural group membership.

If a person in Aurora has a credible claim of potential persecution, he or she can present that asylum claim as a defense in a deportation proceeding. The judge will examine the asylum claim and consider other possible solutions. If the judge denies asylum requests, there is also an appeals process.

Contact an Aurora Attorney for Help with Deportation Proceedings for Asylum Seekers

Any deportation proceeding can be traumatic. However, when a person is seeking asylum, deportation could mean facing torture, persecution, or even death. Rather than handling the proceedings alone, you should have the help of an attorney.

A lawyer could advise you of all of your potential defenses. If asylum is the best option, he or she could prepare an argument for asylum as a defense in Aurora deportation proceedings. Schedule a consultation to learn more.

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