Cases in immigration court are complex, and without prior knowledge and significant evidence by your side, it’s hard to maneuver the immigration landscape.
If you lack the resources to handle an immigration case, get a legal consult. An experienced attorney will offer expert advice on avoiding deportation court.
However, ensure you first understand the complexities surrounding your immigration case. Doing so will give the basis for drafting a compelling argument.
Here’s a quick and easy guide to help you get started.
What Does Deportation Mean?
Deportation is a process regulated under the U.S. Immigration Law and the Immigration Court System. According to government guidelines, deportation is the formal removal of a foreign national from the United States soil. It occurs when a foreign national violates any of the immigration laws as set by the government.
For instance, the Biden administration has recently tried to reduce unlawful crossings by Venezuelan migrants by restarting deportation. The U.S. has not experienced many deportation cases to Venezuela, but reports suggest that officials will send back those immigrants who lack a legal ground to remain in the country.
Are You Up to Date With Your Immigration Status?
The U.S. government is authorized to deport immigrants who commit crimes in the country, are deemed a threat to public safety, or violate the U.S. visa requirements.
As per the law, those individuals who engage in suspicious activity or acts of terrorism, or are charged with serious crimes, can also face the risk of deportation. This list also includes individuals who’ve illegally entered the U.S. after November 1, 2020.
The Executive Office for Immigration Review consists of approximately 63 immigration courts and has 400 immigration judges working under it. Unlike criminal and civil court proceedings, immigration cases in the U.S. involving asylum seekers, detainees, and more are authorized by an immigration judge.
Immigration deportation cases require an official order of removal by an authorized immigration judge. If the judgement rules in favor of deportation, the U.S. Immigration and Customs Enforcement can carry out an official court order.
Foreign nationals who are charged with a violation of immigration laws need to make an appearance in court. During such a court hearing, the judge determines whether the individual can remain in the country or face deportation.
When dealing with immigration court, paperwork is essential to your case. To win any case, you must understand the specifics of your immigration status and determine the grounds on which your immigration rights are being challenged. Start by familiarizing yourself with the latest immigration laws and regulations.
Do You Have Enough Supporting Evidence?
Collecting supporting evidence is necessary in immigration court.
The evidence can include important documents like birth or marriage certificates, tax returns, medical records, insurance papers, employment records, and more.
To build a strong defense, you can attach letters of support from friends and family also located in the States. Your visa paperwork is another document you can present as supporting evidence when dealing with immigration.
The Immigration and Nationality Act (INA) authorizes the U.S. government to grant up to 675,000 permanent immigrant visas across various categories. For instance, many foreign nationals visit the United States for long-term work purposes, often under an H1-B visa.
So, when putting together any documents to back an immigration case, make sure to add all the paperwork required to process your visa.
Prepare for Court Proceedings
Making a court appearance isn’t all that easy. You must understand courtroom procedures and legal etiquette first.
Your attorney might prepare a list of potential questions to familiarize you with the legal proceedings. You will need to be prepared for cross and direct examinations, witness statements, and more.
A trial in immigration court will begin only once a notice to appear (NTA) is issued by the Department of Homeland Security (DHS), also known as Form I-862. In this case, the DHS will alert a foreign national about their removal charges.
The DHA will further explain the reasons behind the deportation in the NTA. Most NTAs will include other details about the immigration case, like the date, time, and location of your first hearing with the immigration court.
If you’ve received an NTA and you’re expected to attend a formal hearing in immigration court but have no idea how to deal with one, get in touch with a lawyer.
How to Issue an Appeal?
Before a foreign national is removed from U.S. grounds, they are allowed to depart the country voluntarily. Some individuals might hire a legal representative to appeal the deportation ruling on their behalf.
Foreign nationals in the U.S. can file an appeal through the Board of Immigration Appeals (BIA). Most often, more than one immigration judge reviews immigration cases before they are given any approval.
If you lose the appeal during this stage, you can escalate the issue further by submitting a petition for review under the Federal Court of Appeals. This petition should be filed within 30 days of the decision issued by the BIA.
During the federal appeals process, there’s no deportation protection available. As a result, most individuals who must appeal further face the risk of deportation at any given point of the federal appeals process.
Do You Need an Immigration Lawyer?
To deal with an immigration case, you must have legal representation with strong evidence in the form of authorized documentation and witness statements that prove your credibility. But there are many immigration regulations under question presently.
For instance, the asylum rule is based on policies that may violate U.S. Immigration laws. The rule itself fails to address the illegal entry of immigrants. To solve such complex cases, you need an experienced and creative immigration lawyer who can handle such proceedings. You have to build a positive record before the presiding judge to assist your defense further.
If you’re dealing with an immigration court order or need to prepare for a legal hearing, a reliable immigration attorney can help you throughout the process.
Stay updated with all the insights.
Navigate news, 1 email day.
Subscribe to Qrius