A GUIDE FOR NEW IMMIGRANTS IN AMERICA

Immigration Issues

 

In Removal Proceedings ?

What are removal proceedings? This is the current name for what used to be called “deportation proceedings” or “exclusion proceedings.” Basically, it is immigration court proceedings to determine whether you should be allowed to stay in the United States.

How do you end up in removal proceedings? There are a number of ways to find yourself in removal proceedings. Here are some examples, people who are apprehended by the USCIS at the various ports of entry, in ICE raids at work place, people who finish serving jail sentence and are passed to USCIS due to immigration detainers, people who have applied for green card through work or marriage and the green card application has been denied, people who have applied for asylum and the case has been referred to the Immigration Judge because the USCIS was unable to make a decision or else because they denied the application.

What happens in removal proceedings?
General overview. If you are placed in removal proceedings it is with the service of a document called a Notice to Appear. This document states some factual statements about you (e.g. You are a native and citizen of whatever country you entered the United States on such and such a date). This document also contains something called “Charges.” The charges are basis of removability - Why the government is trying to remove you from the United States. (eg. You overstayed your non immigrant visa, etc.)
When you go to the Court, you have the right to have an attorney. However, the US government is not required to pay for that attorney. The first hearing is called a master calendar hearing. The Judge will ask you if you wish to have an attorney. If you indicate that you wish to find an attorney, the Judge will give you another court date to give you time to find an attorney. The master calendar hearing is where the judge takes care of administrative matters such as your name, current address. You will also have to answer the statements in the Notice to Appear and tell the judge what relief you are seeking that would allow you to stay in the United States (eg. Asylum, marriage to USC, cancellation of removal, etc.)
Once the judge establishes what you are applying for, it is not uncommon for the judge to set a filing date by which you must submit all your applications for relief to the judge. Once the applications are filed with the judge, the court will have a final hearing on your actual applications. Typically, depending on how busy the court is, it may take 2 ½ Years or more to complete your case. If you lose your case, you have 30 days to file an appeal to the Board of Immigration Appeals. If the Board of Immigration Appeals denies your appeal, you may file a Petition for Review with the US District Court in your jurisdiction.
Immigration Court can be very complicated and overwhelming. It may be advisable to hire an attorney who can help you to navigate this area and represent your interests. The most important thing to remember is that you should always attend all of your court hearings. As almost all immigration applications have fingerprint requirements, your identity will be in the government database. If you fail to attend your hearing, the immigration judge will order you deported in your absence. If you have an in absentia order of removal, you will be ineligible for most forms of relief for a period of five years. Additionally, let’s say you have a removal order, it does not go away. For instance, some people think that if they have a removal order and get married to a US citizen, that the removal order just disappears or does not matter. This is not the case, there are very specialized rules and deadlines for filing Motions To Reopen and it is extremely difficult to reopen cases. Once your case has been before the Immigration Judge, only the judge has the authority to grant your green card so it is very important to follow up your case if you want to have the chance to fix your status in the United States.

Victoria J. Suh, Esq.*
Tsoi & Associates, Lawyers
3580 Wilshire Bl Ste 720 Los Angeles, CA 90010
Tel 213-387-2888 *Fax 213-387-2882
Email usvisalaw@aol.com