Blog Categories
Recent Posts
Practices Areas
Introduction
Preparation for immigration court hearings is confusing and daunting. There must be some understanding of how these immigration court hearing function. The US immigration court conducts various kinds of hearings, such as master hearings and individual hearings.
There are immigrants in the US who can be given a hearing prior to deportation to their native country. In the US immigration court, a judge will determine if you may remain in the US or if you will be deported.
If you have already been deported, you can’t enjoy this right. If you tell USCIS that you are fearful of returning to your home country when you enter the US, your case will be heard by a judge.
Going to US immigration court is highly intimidating, and without knowing anything about the hearing, it might be even more so. If you have been served with a Notice to Appear (NTA) or if you are preparing yourself with your evidence, knowing the process is of utmost importance. The consequence is dire and knowing a bit of what to do might be the difference.
You may be concerned about what papers you will require, how to make your case, and what will occur after the hearing. Knowing the answers will alleviate some of your fears and make you feel more in charge. Every step, from receiving notice of your NTA to what to do after the hearing, is important to getting through the US immigration court system.
Throughout this post, we will provide you with good advice at each step of the process. If you heed these tips, then you are likely to have a positive result.
Forms of hearings in the US immigration court
- Master hearing.
This is generally the first phase of the immigration court process. A master hearing is a hearing in which the immigration judge reviews the charges against you, determines how your case will proceed, and schedules a date for your individual hearing. It is extremely important to understand what occurs at a master hearing so that you can prepare for it.
- Individual hearing.
In the individual hearing, you will be presenting arguments and sending detailed evidence in your case. It is basically whether you deserve relief from deportation, like asylum.
The main notice in the US immigration court
- Notice to Appear (NTA).
The NTA, Form I-862, is a notice to begin removal proceedings. It advises you of the reason why you are being removed and schedules your first court date. Handle this notice carefully because it formally informs you of the accusation.
How to get ready for a master hearing
- Get experienced legal help.
Retaining a US immigration lawyer is probably the best thing you can do to prepare for your hearing. An experienced US immigration lawyer will guide you on what to do, discuss the charges with you, and represent you at the hearing.
- Get your proof ready.
You will be required to have the documents that you require for your defense obtained. This means collecting ID documents, past immigration documents, and proof that verifies your case, including proof of employment, familial connections in the US, or any criminal charge documents.
- Prepare a convincing story.
Arrive prepared to testify your case honestly and clearly. Practice with your US immigration lawyer so that you can answer anticipated questions. This can be the difference in the outcome of your case.
- Get a clear picture of your rights.
You should be aware of the rights the unauthorized immigrants have. All individuals in the United States possess some rights regardless of their immigration status, i.e., equal hearing and representation by counsel.
Insights into the individual hearing
The individual hearing is a more extensive and formal one compared to the master hearing. You must be properly prepared as this hearing will decide the fate of your case.
- Clearly state your side of the story.
At your individual hearing, you will have to present your case and evidence and testimony in support of it. Your US immigration lawyer will help you present this information briefly and argue on your behalf as to why you should not be deported from the United States.
- Your story will be seriously questioned.
The prosecutor will also have a chance to ask you and your witnesses questions. Be prepared for this phase, which can be challenging. Be honest when answering questions and let your US immigration lawyer deal with any technicalities that arise.
After the hearing: What then?
- Decisions and appeals.
The judge will either make a decision at the hearing or adjourn it. If the decision is unfavorable, you may appeal. Being able to write to the US immigration court about your appeal or motion can prove very helpful now.
- Checking your case status.
It is very much recommended that you know where your case is at. You can find out by calling the US immigration courts’ hotline or looking online. It is recommended that you learn how to find out the status of your case and your court date so that you don’t miss deadlines and don’t have any idea what to do next.
- What happens after the decision?
If the immigration judge indeed thinks that you must be deported, then there are always going to be things you can do, like asking that they make a motion to reopen your case or seek other means of law whereby to stay in the country. It would be smart to talk with your US immigration lawyer so that you are aware of what you can do.
Useful info for a successful hearing.
- Be prepared and be on time: Come on time and prepared. Have all your documents in order and easily accessible.
- Dress for occasion: Dress accordingly and professionally because it will also reflect that you are serious with the case.
- Respect: Always be respectful to the judge and the court staff. Greet the judge professionally and be by the book of the court.
- Pay attention: Keep close attention to what is being done and make sure that you appropriately hear the questions before answering.
- Keep your cool: Court can be stressful, but remaining calm will help you out.
Get help!
The US immigration court work is a source of stress but knowing what to expect at each stage will be a big difference. From finding out your Notice to Appear to hearings in the courtroom, every step matters. Organizing your evidence and documents can really make your case and being aware of what to do after the hearing can keep your status in order.
By becoming part of your defense and remaining up to date, you will be better equipped to handle the intricacies of the US immigration court. Being prepared and organized assists in making a good case and navigating the legal system.
If you or a loved one is getting ready for the US immigration court, having professional guidance will make a huge difference. With Gehi and Associates, our experienced team is here to guide you every step of the way. Call our immigration lawyers today for personalized support and professional advice!
Contact Us
Our law offices in NY offers free consultations, both virtual and in-person, for all legal and immigration matters. To schedule one, please contact us today!