Immigration court is frightening the first time. It helps to know what the steps are, and to know the one mistake that causes the most damage.
How a case moves
It starts with a paper called a Notice to Appear. This paper says the government wants a judge to decide whether you can stay. Keep it. Bring it to every appointment with us.
After that, most cases go through these steps:
- First hearings. These are short. The judge checks who you are, makes sure you understand, and asks what you plan to ask for. You may have more than one of these.
- Your main hearing. This one is long. You tell your story, you answer questions, and your evidence is reviewed.
- The decision. The judge decides. Sometimes the same day, sometimes later.
- An appeal, if needed. If the decision goes against you, there is a short window to appeal. It is about one month, and it is strict.
If you are detained, everything moves much faster. Call us immediately.
The mistake that does the most harm
Do not miss a hearing.
If you do not come to your hearing, a judge can order you removed that same day, without you there. This is called an order in absentia. It is very hard to undo, and sometimes it cannot be undone.
If you are not sure whether you have a court date, or you think you may have missed one, call us. Do not wait and hope. There are sometimes steps we can take, but they work best quickly.
Tell the court when you move
The court sends notices to the last address it has for you. If you move and do not tell the court, the notice goes to your old home. You never see it. You miss the hearing. The judge may still order you removed.
This happens to people who did nothing wrong. Tell us every time you move, and we will make sure the right offices are told.
What to bring and how to act
- Arrive early. Security takes time.
- Bring every immigration paper you have, even ones you think are old.
- Bring an interpreter only if we tell you to. The court provides one.
- Dress as you would for something important. There is no rule, but it is noticed.
- Tell the truth, including the parts that worry you. We can work with hard facts. We cannot work with surprises.
You do not have to do this alone
You are not required to have a lawyer in immigration court, and the government does not give you one. But the rules are complicated and the other side has a lawyer.
If you have a hearing coming up soon, call us at (786) 352-8647 rather than booking online. We hold urgent matters differently.