B1 Intermediate US 47 Folder Collection
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good in this section of the site
we're going to discuss the immigration
deportation hearing nowadays it's called
an immigration removal hearing the two words mean basically the same
accept that deportation I was used in the old law
before 1997 and removal
is now has not been uses after 1997
aside from the name there are various
differences and when and where art the petition weekend
the case began now what happens when you
get involved with the immigration court all the first two years
once you my some get picked up by immigration
or get the NIAID for an application in the thing to a notice to appear
a notice to appear is a document please call the charging document
it very similar if you're getting sued
in a civil court in the give you a summons it's the same thing
it's a notice to appear NNPA in the MPA states on it
I your name your address up
and several other things it states what country you're from
how you went to the United States when you came in on a tourist visa
or fiancee visa or you actually came
overland through a border point without being inspected by the immigration
and I'll estimated take and they will discuss
up if you have a visa what type of visa it is
and anything Els they too may have done wrong
for example if you had committed a crime it's going to mention that you committed
the crime
if you had a marriage fraud
in the immigration service when he applied for your green card
it will mention that so initially you get this notice the in PA
and they tell you what the charges are and at the end
it is that you are removable as charged
in other words this saying that if you don't contest
these things we're going to deport you so what happens
you get the notice and you have to appear
on a certain date in court sometimes the notice says
a date but to be
assigned in the future so in other words the notice
may not actually have a date when you get that
you could wait for the court to send you a notice
but that's a bit dangerous because if for any reason you don't receive it
and you don't appear in court you will be
the ported in absentia in other with the poll without your body
and that creates a whole new level of problems such as
that you can't get your green card no metal what
even would waivers alice is the other country for at least five years
so you don't wanna miss a court date so when you get the note that says
are on a future date to be set what you have to do
you have to call this number and when repeated here
its 1 800 898
71 8 all they will ask you
on the phone there when you call the a number of the case
this number is written on BNP and the notice to appear on the upper right hand
it's a eight or nine digit number and that's the number you use
and when you put that number into the system and press number one
able to lead the date I V necks court hearing now
when you go to court that day if you happen
yet obtain the lawyer the judge will
always give you additional time to get a lawyer and they will give you a list
above the free agencies the free lawyers
that can provide immigration services for you this is not like
a criminal case in a criminal case
%uh the court can appoint a lawyer if you and they will pay for the lawyer
but in an immigration case day will give you a list that nonprofit agencies
but you if you want your own lawyer
you're going to have to pay for it now the second time
but you have to appear I you should show up with your lawyer
and your lawyer at that point would have already discussed York
the case with you and here n you
will determine what is the best strategy
for example let's say you've been here for about 15 years
you have three American kids you qualify for what's called cancellation of
lot of people call it the 10-year law and during the process
you can apply for your green card all let's see
you see that notice a new get married then the lawyer can
terminate close the proceedings so they
you cannot continue with processing a marriage case
in any event the first hearing that you go to is called
amassed a hearing then here he is just to determine
what you're going to do and the judge
and the government's lawyer annual lawyer discuss
what the possibilities there are for you to become
legal in the United States if any
once the three-sided and yes you do have a case
the judge warm mark and individual day
B&W urged aid is the actual trial date
now in the Northeast there if the United States here
how their very back lock and I had just the other day
a case schedule for two years in the future
hard to believe but the case would be scheduled in two years in the future
and they will have a trial and if we win
my claim we get a green card if we lose
you still have an opportunity to appeal
and you have 30 days to appeal and then you'll see when the pellicle
will say to that and hypothetically if you lose again
you could always go to a federal court after that
now if you get picked up
n you absolutely have no basis to stay here
you can always apply for voluntary departure
voluntary departure is a process where you could request the court
to let you leave voluntarily and you have to establish to the court that
you're a good person you have committed any crime
and you have the money the funds to leave when it's time to leave when the
tells you have to leave and you you will leave on time
and the way it works if you apply for voluntary departure
in the beginning in a cave you get for months
more that you can leave if you apply
at the tail end the case after you've had a trial after you've lost
then the judge will give you to month for you to leave
this is a basic a out lined up what happens
I in a deportation case in my office
I have been the only be put a few cases for the last thirty years
I have done so many other than that I can you count the numbers
if you or anyone in your family have a problem
I with a on immigration cases make get that notice to appear
you better see me or some other immigration lawyer
as soon as possible to protect your rights
best of luck
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The Immigration Court Deportation & Removal Hearing

47 Folder Collection
Amy.Lin published on October 30, 2017
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