How To Handle Your First Immigration Court Hearing

Well, your first hearing in immigration court is finally here. This article will give you tips and a quick overview of how your first hearing will likely go.

1. You must arrive early. Nothing will get an Immigration Judge (IJ) more upset at you than not being there on time. Worse, failure to show up to any immigration court hearing will likely result in you being ordered removed (deported). If you are going to arrive late or not at all to court due to some unforeseen (death or serious illness) circumstance, be sure to document your tribulations, in the form of a doctor's note or police report, to show the IJ and explain why you failed to show up. Also, make sure you speak with an immigration attorney immediately to see about the possibility of reopening your case.

2. If you avoid the countless hazards and arrive to your court hearing on time, be sure arrive to the correct courtroom. If you are unsure which court room to go to, be sure you go the immigration court clerk's office as soon as possible. If your hearing is being held at the Los Angeles, CA immigration court, you can go to the 15th floor and ask the receptionist there. You can also call the immigration court number at 1-800-898-7180 and when prompted enter your "A number," (alien number). Your A number is a 8 to 9 digit number, preceded by the letter A.

3. Because of the backlog of immigration cases, there are often several dozen people packed into small courtrooms, with many waiting outside. Arriving early will help to secure a seat in the court room. When you arrive to court, you will likely see a judge's bench at the far side of the room, a clerk checking in attorneys and non-citizens next to the bench, and two tables facing the judge. At one table, there will be an attorney representing the Department of Homeland Security (DHS). This attorney's job is to remove (deport) all removable aliens from the United States. In this setting, he or she is not your friend so this is one lawyer you probably don't want to confide in. The other table will be for you and, if applicable, your attorney.

TIP: Make sure you check-in with the court clerk when you arrive as the court will not know you are there otherwise. However, be careful about checking in with clerk once court is in progress. Some IJs will not allow you to check-in while he or she is on the bench.

4. When your name is called, get up and walk to the table set for all aliens. The court will usually refer to you, the non-citizen, as the "respondent," since you have to answer to respond the "charges" in the "notice to appear," also known as the "NTA," the document that ordered your appearance in the immigration court.

5. The IJ will ask you if you need an interpreter and, if so, which language. Then, the IJ will ask you to stand up, raise your right hand and make you swear in. Say "I do." The IJ will then ask you to take a seat. The IJ will then ask you about where you live and your real name. If the court has the wrong address because you recently moved, it's incorrect, etc, the court will ask you to fill out a blue change of address form. The court will likely also want to know if you have a copy of the notice to appear. If you do not, be sure to ask the court for a copy.

6. After reviewing your file, the IJ will explain to you that the proceedings are meant to determine the validity of the charges the DHS has brought and, and if true, whether there is any way, under the law, you can stay in the country.

7. If you are unrepresented, the court will let you know that you have the right to legal representation that results in no cost to the government. If you want to get an immigration attorney, ask the court for a continuance. I have yet to see an IJ deny a respondent (alien) a continuance to obtain an attorney at the respondent's first appearance in immigration court. The court will also likely let you know about the list of free immigration attorneys in the area, available through the Executive Office of Immigration Review (EOIR).

8. If you are represented, the court will likely ask you whether you want Mr. or Mrs. (insert your attorney's name) to represent you. If you answer yes, that will likely be the last time you talk in court unless, of course, you want to talk and your attorney thinks that is a good idea.

9. Represented or not, at the conclusion of the hearing the court will give you written notice of the next hearing and advise you the consequences of not appearing to the next hearing. Make sure you calendar this hearing and do not forget to show up. The IJ will likely want you to have your "pleadings" next time, that is, whether or not you will admit or deny the charges in the notice to appear (also known as the "NTA"). Once you have the notice, get up and walk out of the courtroom.

Congratulations! You're done!

Law Office of Rogelio V. Morales
11801 Pierce Street, Suite 200
Riverside, CA 92505
Phone: (951) 710-3039
Fax: (951) 710-3001
rvm0311@gmail.com

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Why An Immigration Attorney Is Necessary for Obtaining Visas

The visa application process can be lengthy and difficult. Individuals who are seeking visas because they would like to work and live in the United States can benefit greatly from the services of an experienced immigration attorney. An attorney with knowledge and experience in this field can ensure that all paperwork is filled out correctly and filed on time. They can help applicants understand the costs of the visa application process, and can explain the time frame that individuals wishing to secure visas may face.

Regulations regarding visas and the immigration process have changed significantly during the last decade. Stricter rules and longer wait times have made this process daunting. Some individuals who wish to come to the U.S. may find themselves discouraged by the paperwork and fees necessary to secure legal entry. Immigration attorneys have access to the most up-to-date information about changes in immigration laws and other relevant restrictions. They understand new precedent being set in the courts and can effectively interact with immigration officials.

Other individuals who wish to immigrate to the U.S. may believe that the paperwork required of them is straightforward or easy. This is especially true of individuals who are married to American citizens or who are otherwise seeking family-based visas. Unfortunately, there are many pitfalls in attempting to complete visa paperwork without the help of an immigration attorney. Providing incorrect information on even the most insignificant-seeming part of the application form can prove a major obstacle while attempting to secure a visa.

Immigration attorneys help their clients prepare for any interviews that may be required as part of the visa process. These interviews frighten many applicants, and can prove difficult for individuals who do not know what type of questions they will be asked. While an immigration attorney cannot predict what every client will be asked during the interview process, they can cover basic information and can help clients prepare for this phase of the visa process.

Entering or staying in the United States legally requires a lengthy visa application process. This process can be quite daunting and expensive. Hiring a qualified immigration attorney is the best way to assure success and minimize costs. An immigration attorney serves as an advisor and advocate for their clients as they endeavor to secure legal status in the U.S. A number of firms offer focus on this area of practice and the specific types of work visas, permits, and official documentation therein.

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Will Bankruptcy Affect My Immigration Status, Green Card, or Citizenship?

In the USA, Federal Bankruptcy Law prevents the government from discriminating against anyone for filing a bankruptcy petition. Section 525(a) of the Bankruptcy Code states that a government unit, "May not deny, revoke, suspend, or refuse to renew a license, permit charter, franchise, or other similar grant to, condition such a grant to, discriminate with respect to such a grant against, deny employment to, terminate the employment of, or discriminate with respect to employment against, a person that is or has been a debtor (in bankruptcy)..."

It is not a crime and is not considered immoral or bad to file for bankruptcy protection. Filing bankruptcy will not affect your immigration status, your green card, or your prospects for becoming a citizen. It is also illegal to discriminate against you in your employment for having filed a bankruptcy petition. Section of 525(b) prohibits discrimination even by private employers.

Section 525(c) prohibits the government or private student loan lenders from discriminating against a bankruptcy debtor based on a bankruptcy case.

In some cases bankruptcy can even be looked upon favorably, because you have rid yourself of burdensome debt. For instance, an adoption agency might be more willing to allow an adoption by parents that have obtained a fresh start on their finances through bankruptcy than a couple that is overburdened by debt.

Chapter 7 bankruptcy is designed to allow you to discharge your debts without paying anything on them. There are certain types of debts that cannot be discharged in most cases, such as student loans, fraudulently incurred debts and some kinds of tax debts. You can lose property in Chapter 7 bankruptcy. The court liquidates non-exempt assets and distributes the funds to creditors. Fortunately, there are exemption laws that allow people to keep certain types and amounts in bankruptcy. Because of exemption laws, most people lose little or nothing in Chapter 7 bankruptcy.

Chapter 13 bankruptcy is designed to allow debtors to consolidate and repay a portion of their debt through the bankruptcy court's trustee and under court protection over a period of three to five years. The debt does not have to be paid in full. The debtor is only required to pay what is reasonably affordable each month. At the end of the payment term, the remaining amount of the debt is discharged and no longer owed. Assets are not seized in Chapter 13. Many people who have higher incomes file Chapter 13 because they are not eligible for Chapter 7.

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