People turn to apps to classify news articles and provide online technology news that is collated directly for what they want to learn the most. Unfortunately no such app exists for deportation hearings, but attorneys do.
Commonly called deportation, being removed officially from the United States is a legal process where the government determines that someone who is not a US citizen either with a green card living in the United States or in the United States illegally, has to be removed. This can be a very stressful situation and having a comprehensive defense strategy can help you preserve your rights and remain in the United States in some cases or at the very least avoid incarceration. There are many hearings you’ll have to attend if you are facing removal from the United States but hiring a qualified immigration attorney can help you throughout this process.
What causes a removal?
A removal proceeding is overseen by the Department of Homeland Security but usually it is enforced through the Immigration and Customs Enforcement division, commonly referred to as ICE.
There are a lot of different ways that someone who is not a citizen might find themselves under the radar of immigration authorities.
For example: Someone can phone in a tip that an individual is in the United States illegally. It’s not actually that common that the government will follow up on these tips but it can happen. Similarly, there can be a raid at a workplace to make sure that all of the people working in that particular location have legal immigration status. Another reason that someone might come under the radar of immigration authorities is because they get arrested for and convicted of a crime while living in the United States, a crime that may be serious enough for even a green card holder to be deported.
How will I know if I am being deported?
If you are facing removal, the Department of Homeland Security has to go through formal channels. They can’t just come to your house in the middle of the night, throw you in a van, and put you on a flight to another country. They have to serve you an official notice called the Notice to Appear, or NTA. This notice must inform you of:
- The nature of the proceedings against you
- The grounds for your removal
- Your right to hire an immigration attorney from the Best immigration law firm at your expense
- The consequences of not appearing at your scheduled hearing
Removal hearings take place in Immigration Court before an immigration judge. This immigration judge determines whether your current actions or lack of legal status mean that you can be removed from the United States.
What to Expect at the First Hearing
The first hearing is called the master calendar hearing. This is not a hearing for which you require an attorney but it is always recommended that you consider hiring a US immigration US immigration attorney near you as quickly as possible once you receive the notice so that they can stay abreast of all changes or information pertinent to your case.
Even if you don’t yet have an attorney you must attend this first hearing. If you fail to attend this hearing then it results in an automatic order of removal. This means if you don’t show up they will automatically deport you. most of the time in addition to automatically two porting you you will not be allowed to obtain a US Visa or return to the United States for 10 years.
What to Expect at the Merits Hearing
It is at your master hearing that you will schedule the merits hearing, if applicable. The merits hearing is where you present your case, where your lawyer asks you questions so that you can present your testimony and where you provide other relevant witnesses or exhibits like sworn statements by people who know you and your situation or photographs that are relevant.
For example: If you are seeking Asylum and your defense is that you fear sincere persecution if you were to be deported to your home country, this hearing would be where you present documents that have to do with the conditions in your country, proof that you are part of a persecuted group, that you have been discriminated against or injured in the past, and it might even be where your Immigration lawyer has expert witnesses who can testify on your behalf about the bad conditions in your country.