I’ve been an
immigration attorney for about 12 years, during this time I have represented thousands
of people before immigration courts around the United States. One thing I have
observed over the years is that all the people I have represented have one
thing in common, and that is that they all what to know “what happens in
immigration court?”. So this short blog follows.
The USCIS
issues you a Notice to Appear, which is a document that states why the government
is trying to remove you from the United States. The Notice to Appear is usually
sent to the address the respondent has on file.
The Notice to Appear states the time and place the respondent should
appear before an immigration judge.
My advice to
most people is that once you have signed or received a copy of the Notice to Appear there is an alien number
at the upper right hand corner of the Notice to Appear which begins with an “A”
and 6 other numbers. It is wise to call the immigration case management system
at 1-800-898-7180 to check on the status of your case until you appear in court.
When prompted key in the numbers on your Notice to appear and follow the
instructions.
Upon you
finding out the date of you hearing it is wise for you to appear in court about
45 minutes before you first hearing which is called a “Master Calendar
Hearing”. Upon you arrival at the court house go to the courts calendar board
to check which court room your case will be heard in. The Master calendar
Hearing usually takes place either in the morning or the afternoon. During your
hearing you are expected to appear before the judge with any immigration attorney
of your choice.
If this is
your first time of appearing before the court and you do not have an attorney,
there is usually a pro bono attorney who will assist you with you legal issues
for that day alone. The court will expect that upon your second appearance
before the court you would have hired an experienced immigration attorney who
would be prepared to go forward with your case. I used the words “experienced
immigration attorney” because nothing ticks a judge off more than an attorney
that does not know what he is doing. Apart from that, immigration cases are
unique in that your fighting for your future and you have only one shot, this
is when the saying “pounds wise penny foolish” should come into mind.
Upon you
hiring an immigration attorney the attorney verifies with you the charges and
allegations levied against you by the USCIS, and pleads to them before the court.
Once your attorney has finished pleading the immigration judge will ask the
respondent a few simple questions, such as where they live and what language
they would want to conduct their case in, as well as setting the case to a
regular hearing on a certain date in the future.
The regular
hearing is different from a master calendar hearing, in that at a master
hearing there are a lot of people in the court room during your initial appearance.
The decision if you remain in the United States is only rendered at the regular
hearing. Also, regular hearings are very unique because at the time of the
hearing there are only you, the judge, your lawyer and the trial attorney for
the government present during the hearing.
Note that should
your matter be denied by the immigration judge, you have 30days from the time
you receive your decision to file an appeal with the board of immigration
appeals in Virginia.
By
Anthony Nze-Nwosu
US Immigration Attorney Services
Financial Center Building
405 14th Street, Suite 1610
Oakland, California 94612
Tel:(510)788-4558
Fax:(510)280-1998
