Category Archives: Transfer Treaty

USCIS and the Deportation Process

immigrationHas the United States Citizenship and Immigration Services lodged a Detainer Against You?  Do you need help understanding the Deportation Process?

If, USCIS has lodged a detainer against you, this means that while you are serving your sentence you would not be eligible to serve your sentence at a federal prison camp.  It also means that while serving your sentence you will not be eligible for furloughs to visit your family or to be placed in a halfway house placement which could normally get you out of prison much earlier than otherwise would be the case. Lastly, and probably most importantly, it also means that when you do complete the serving of your sentence you will be turned over to USCIS to be deported to your home country, or possibly another country of your choice.

On April 24, 1996, the Anti-Terrorism Bill was signed into law. One of the positive provisions of this bill is that it established for the first time a procedure that enables a foreign national who is serving a term of confinement to be able to be deported to his home country prior to the completion of his sentence of imprisonment.

There are specific procedures involved with applying to the Justice Department as well as your home country for the processing of the application for deportation. NLPA has great expertise in this area and we would be very happy to provide legal services assist your counsel in the preparation of the documentation that needs to be submitted to the Justice Department as well as your home country.

An additional option which may be available to you to be able to return to your home country before the completion of your sentence is to be transferred to your home country pursuant to a Transfer Treaty with the United States.  If your home country is one of those listed in the Treaty, NLPA can assist in requesting an early deportation to your home country. Not only would we file an application pursuant to the revised provisions of the Immigration and Nationality Act but we also would file an application for your early deportation pursuant to the Transfer Treaty with your country.

To obtain more information about the Immigration and Nationality Act,  participating countries of the Transfer Treaty or the the Deportation Process, please contact NLPA today.

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