The very thought of immigration court hearings can mentally confuse an immigrant. It can make you feel extremely nervous at the same time.
To ease the process, you should understand the notices, how to gather the documents, and meet the deadlines. You must be very cautious and do things accurately.
In fact, knowledge of the immigration court means power. When one knows what is coming, there is no need for fear, and the person is even in a better position to get a good result.
This comprehensive post is your ally in knowing everything about an immigration court hearing. We will guide you, right from the first immigration court hearing up to the last appeal.
What are immigration court hearings?
Immigration court hearings are those in which an authorized official decides upon a case. In doing this, an immigration judge often assesses the available materials.
The aim of these hearings is primarily to determine whether one can stay in the United States legally or will face deportation.
In simple words, these are means where you have an opportunity to tell your side of the story to the one in a position to make the most crucial next steps.
A comparison of the immigration court with regular criminal courts reveals that the structure is different. It also runs on different procedures and rules, which you can’t usually understand without help.
Getting to know the difference is important. This is because immigration courts only deal with issues of deportation, defense and relief applications.
Understanding Immigration Court Notices
- Notice to Appear (NTA): Your First Official Document
Generally speaking, an NTA is the first contact you have with an immigration court. It is a formal charge against you for removal. You get to know what the charges are against you from the NTA.
Of course, it can be a very frightening thing to get that notice, but basically, it is your official notification of the start of the proceedings.
The NTA is an immigration court document that outlines the hearing date, place, and charges against the person. By closely looking at the facts, one may avoid making very costly mistakes.
For example, if you do not know the exact time of your hearing, it may turn out that you are not there. In such a case, the court can issue a default judgment against you.
The NTA enumerates the removal grounds under the immigration law. These may be scenarios such as being in the country without proper inspection, or a criminal conviction.
It could also be a visa expiration or any other type of violation. Importantly, it would be very helpful to your immigration attorney if they knew exactly what the government thinks about you. This way, they can come up with the best defense for you.
More on Immigration Court Notices
- Other Key Immigration Court Documents
Aside from the NTA, the immigration courts may issue many other important documents. RFE letters are requests for additional information concerning a case. There is a specific time given to respond to RFE letters. Failure to meet the timeline will put you in an incredibly weak position.
The Scheduling Order describes the hearing dates and other procedural requirements that are specific to your case. Read every word of it, as it is replete with deadlines you cannot afford to miss.
Court orders are your prior decisions and judgments, or procedural issues, which affect the status of your case.
They are the decisions of local immigration judges and the rulings of the appeals courts that comprise the final resolutions of your case.
These documents show why the judges made the decisions. It shows the application of legal precedent to the subsequent proceedings.
Master Calendar Hearing vs Individual Hearing
Normally, the master calendar hearing is the first immigration court hearing in the immigration court. During this initial hearing, the judge will go over the basic facts and see if you understand your rights and obligations. Even though it is not your last hearing, preparing for it is a smart choice.
This hearing is very short. At this hearing, the parties in one case can be heard for a few minutes each. The master calendar hearing is really to set a date for your individual hearing. Also, it is to acknowledge that you have legal representation or know how to get it.
Later, the court will be there to examine the evidence and hear the arguments in the case at your individual hearing in the immigration court. This hearing is quite different in that it contains more details. Similarly, it only deals with the option of the court regarding your case.
What Happens at Individual Hearings
The hearing sequence in the individual hearing immigration court procedure is clearly set-out beforehand.
First, the immigration judge informs the respondent of the rights, e.g., the right to have an attorney and know about the charges.
Then the state, through immigration enforcement agents, presents the charges. Afterwards, you and your attorney present an argument, or file a motion for relief.
It is crucial to supplement your arguments with documents, photographs, as well as testimony of witnesses. And the stronger your argument is, and the more convincing your evidence is, the more advantageous the judge’s decision will be in your case.
During the hearing, the judge may also ask you questions. Without any reservation, answer the questions in detail. This is an opportunity for the immigration judge to get a better view of your case.
Your behavior and honesty are just as important as the documentation you carry with you.
Checklist of Immigration Court Documents: What to Bring
Proper preparation determines the difference between winning and losing. In that regard, making a checklist of immigration court documents is one way to remember all the materials you may want to have.
Essential Documents to Collect:
Start with a government identification card. This can be your passport and any visa that you have. Back it up with proof of your stay in a particular place, e.g., utility bills or a lease agreement.
Medical records, employment verification, and educational transcripts may become the support in your case, depending on your particular condition.
Third-party statements include: you can also get affidavits from your family members, employers, and community members who trust you and believe in your case.
These personal statements show not only the community that you are but also your character.
Further, collect all the pieces of paper concerning the relief you want. For example, birth certificates for naturalization, marriage certificates for spouse-based petitions, or country conditions for asylum cases.
Similarly, financial records, property ownership documents, and proof of community involvement may also work to empower you.
The immigration court documents checklist must meet your specific charges and relief applications. The best way to do it is with your immigration attorney. They will determine which documents will be most helpful in your situation.
Immigration Court Deadlines
It means understanding, to a large extent, the time limitations set in front of the immigration court. For that matter, missing one deadline can turn your case upside down.
Long timeline for NTA appeal
Giving an exact immigration court timeline from NTA to appeal would be quite a task. This is because it depends on the case’s complexity and the working hours of the court.
Most of the time, you must appear within two weeks of the issuance of a notification to appear. There are differences between counties where the cases are waiting.
Typically, a decision by a judge is made after the hearing, which is done within a few weeks or months.
In case of disagreement with the ruling, you can also file an appeal with the Board of Immigration Appeals. The last day when you can file an appeal with the BIA is no later than 30 days from the day when the judge gives his decision.
Not marking this date means that the opportunity to ask for another trial will be gone.
Different types of relief carry different time limits to file. For instance, asylum needs to be filed within the first year of arrival in the US, except for a very small number of cases.
Understanding your deadlines is a safeguard against the irreversible loss of immigration benefits.
Master Calendar Hearing Immigration Court Deadlines
A person must attend an immigration court at a master calendar hearing. The failure to take the step would mean the issuance of a removal order in your absence.
However, if the presence at the hearing is out of the question, it will be proper to request another date before the day of the hearing passes.
There is a very limited period during which one may file papers in support of a case at the master calendar hearing. In most instances, evidence filing is no later than 10-15 days in advance of the hearing date.
If submission of the pieces of work is done at the last minute, your immigration attorney can’t work properly.
Individual Hearing Immigration Court Deadlines
Quite a few deadlines lead to a person’s hearing at the immigration court. A response to a Request for Evidence is certainly not one of the things a person should overlook.
It is essential to make submission of the final evidence package on time. Communication with the immigration attorney regarding case strategy must also be done in a timely manner.
Once the immigration judge rules the matter, it is final after the expiration of the appeal period. Then, only extraordinary judicial remedies will be available. Knowing every deadline is one way you can exercise your rights.
Get help!
The immigration regulation is so complex that, in case of a mistake, the results may cost you your future permanently.
In case you decide to handle the immigration court hearings yourself without the help of an expert, then your success rate will be quite low.
Do not delay in looking for a good immigration attorney. Not only are they the person who knows your case inside out, but a good immigration attorney is also a person who knows the local courts and their ways.
At Gehi and Associates, our immigration attorneys can identify the strongest points in your case for you. We will help you sort out the evidence in the right way, and talk for you during the hearings.
Get in touch with us today!
FAQs:
1. What if I am not present at the time of my immigration court hearing?
Of course, if you don’t show up at the hearing, you can get a removal order by default. Hence, the court will act in your absence. It will be extremely hard to reverse this default judgment.
2. How long, on average, does one hearing before the immigration court take?
The hearings will take 30 minutes to several hours, depending on the case. It all depends on how complex the case and the evidence to be presented are.
3. Can I have an interpreter present during the immigration hearing?
Yes, if you are not good at English, you can have an interpreter. Kindly inform the court beforehand so that they can make the necessary arrangements.
4. What is the difference between a master calendar hearing and an individual hearing?
A master calendar hearing is brief and preliminary, while an individual hearing is a trial leading to a decision in your case.
5. How much does an immigration attorney charge to represent someone in court?
The cost varies substantially. Most immigration attorneys bill either an hourly rate, a flat fee, or on contingency.
More FAQs:
6. Can you appeal the decision of the immigration judge?
Yes, you can appeal to the Board of Immigration Appeals within 30 days of the Judge’s decision.
7. What documents should I bring to my immigration hearing?
Bring all the documents concerning your case. That includes identification, proof of residence, and pieces of evidence that support your relief application.
8. When should I start preparing the immigration court documents checklist?
You should start the preparation immediately after obtaining the Notice to Appear. Since the process of gathering the documents is quite lengthy, it would be better to start early.
9. What are my options if I can’t afford an immigration attorney?
If you fear attorney’s fee, you should explain your situation to the attorney ahead of time. They may be able to work out a plan for you.
10. What is meant by “notice to appear in the immigration court”?
Your NTA is a formal government document that accuses you of being deportable and informs you of your hearing date and place.
