Immigration Court
The stakes are high in Immigration Court. It is a very stressful process that can put a huge strain on your life, may break your budget, and in the end could result in your removal from the United States.
Before you despair because you have been placed into Immigration Court, remember that you can fight your case and there may be a possibility that you can remain in the United States. You may be eligible to stop your deportation through asylum, withholding of removal, cancellation of removal, adjustment of status, or other application.
You owe it to yourself and your family to get the best Immigration Court representation available. I have helped hundreds of people navigate the Immigration Court process. Check out my FAQs below to learn more about Immigration Court and contact me to see whether I can help you stay in the United States.
Frequently Asked Questions
Do I need a lawyer at my first hearing?
A lot of people will tell you that you can go to your first hearing without a lawyer, but that is not always the best advice. For example, in order to qualify for asylum you must file the application within one year of arrival in the United States. I have met people who failed to file their asylum application on time because they thought that they didn’t need a lawyer until the second hearing, but by then it was too late. Although Immigration Judges routinely give continuances to provide people time to find a lawyer, do not assume that this is the best option.
I work hard and I pay taxes. I have been in the United States for a long time and my children were born here. Does that help me with the Immigration Judge?
It depends. If you were continuously present in the United States for more than 10 years at the time that you were placed into proceedings, you were a person of good moral character during those 10 years, you have no disqualifying criminal convictions, and you have a U.S. citizen or permanent resident child, spouse or parent who will suffer exceptional and extremely unusual hardship if you get deported, you may be eligible for cancellation of removal. This type of case can be very difficult to win, but if your case is approved you get a green card.
I was arrested by immigration and my girlfriend is a U.S. citizen. Should we get married?
Whether you get married is a personal decision. I provide legal advice not marital advice. However, in many cases entering into a good faith marriage with a U.S. citizen will provide you with a legal basis for immigrating to the United States. If you get married after you are placed into removal proceedings you will have to provide clear and convincing evidence that your marriage is real. Of course, you cannot get married for papers. That would be marriage fraud and is illegal.
I have a deportation order but I don't want to leave. What should I do ?
There are a few options. First, you may be able to reopen your proceedings based on new evidence, eligibility for a new form of relief, changed conditions in your native country, or other reasons. If your proceedings are reopened your deportation order disappears. Another option would be to apply for a stay of removal. ICE has discretion to delay your deportation if you have a good reason, such as a serious medical problem.
What happens if I don't go to Court?
If you fail to appear in Immigration Court you will get an automatic order of deportation in your absence. Unless you didn’t receive notice of your hearing or there were exceptional circumstances that prevented you from appearing in Court you will not be able to reopen your case. In addition, you will lose your immigration bond, you will become an ICE fugitive, you will become ineligible for certain immigration benefits for 10 years, and will be inadmissible for 5 years. My advice: Go to Court, even if you think that you will lose your case.
My family member just got arrested by ICE. What should I do?
This is a very urgent situation and you need to talk to a lawyer as soon as possible. Your family member may be eligible for an Immigration Bond, which would allow him or her to be released from custody while the Immigration Court case is pending. On the other hand, your family member may be detained and deported relatively quickly. Please seek legal help immediately.
