Immigration Court Attorneys - Near Me

Immigration authorities have special categories to determine if a person is eligible to apply for a green card.

United States law allows a person to become a resident if:

• It has a direct relationship with a U.S. citizen who is able to file a petition.
• They have a job offer
• They are seeking asylum or refugee status.
• They have unmarried children under the age of 21 who have parents who are citizens of the United States.

• • The immigration court is a legal body that reviews, analyzes, and makes a final decision on cases related to asylum, deportation, removal, or the adjudication of certain applications for relief or protection from deportation. The immigration court is composed of:

    • The immigration judge, who has jurisdiction to give verdicts in removal, deportation and exclusion proceedings; make decisions regarding asylum; agree to motions to reopen proceedings, readjust status; among others. 
    • The prosecutor, who is responsible for presenting the cases before an immigration judge.
    • Assistant to the immigration judge, who is responsible for reporting in writing what happened during the hearing.
    • Attorney for the Department of Homeland Security (DHS).
    • There will also be room for the accused and their legal representative (if they have one).

    Please note that immigration court handles and issues rulings on civil, not criminal, cases. Since this is a purely civil matter, you are not entitled to a government-appointed attorney. Therefore, you must seek legal counsel or representation from an attorney on your own. Our attorneys are highly experienced and qualified to handle all types of situations in immigration court. We will provide you with legal advice and representation for your specific situation and will be with you throughout all hearings until your case is resolved.

The preliminary immigration hearing is your first hearing and first meeting with an immigration judge. During your preliminary hearing, the immigration judge will read you your rights, which are:

• Knowing the charges for which you were cited, whether it is for being in the process of asylum, for having entered the United States illegally, for having exceeded the legal time of stay granted by a visa, or because you have a deportation request issued by another country.
• Review the evidence that exists against you.
• Question any witness summoned by the Department of Homeland Security to clarify your case.
• Call your own witnesses to support your defense.
• Present the evidence you deem necessary to support your defense.
• Having an interpreter who speaks your dominant language so you can communicate and understand what is happening during the hearing (It is the government’s responsibility to provide you with an interpreter).
• Appeal the judge’s decision to the immigration appeals court.
• Have an accredited lawyer or legal representative.

Once you are aware of your rights, you must confirm the personal information on your Notice to Appear (NTA) and submit any necessary corrections to the judge. It is also crucial to recognize the Alien Registration Number (A) you were assigned, as this is your identification number for all your immigration proceedings.

Finally, in the preliminary immigration court, you will be offered the option to accept the charges and leave the country voluntarily or to begin a defense process in upcoming individual hearings.

The immigration court holds individual hearings where the judge evaluates the arguments presented by the Department of Homeland Security and the accused regarding their legal status in the United States. The court also reviews all evidence presented and hears testimony from witnesses before issuing a decision at the end of the immigration proceedings.

If you have been summoned to immigration court, it means that immigration authorities have opened a case against you related to asylum, removal, or deportation. The most important thing, once you have been summoned to a hearing with an immigration judge, is to attend the court. If you fail to appear in immigration court, you may be automatically deported without the right to a trial and without the opportunity to present a defense. 

When you attend your first hearing, you must verify all the personal information included in the summons. Any errors that are not corrected will hinder the resolution of your immigration status. After hearing the charges, you must inform the judge of your decision to initiate a defense process, and subsequent individual hearings will be scheduled accordingly. 

Afterward, you should seek legal representation or advice to prepare your defense. At the Defense League, we have qualified attorneys to gather all the necessary evidence, identify suitable witnesses on your behalf, prepare you to present your case in court, and complete the required paperwork. 

There are two legal documents to notify you that you have been summoned to an immigration court:

• Notice to Appear (NTA), which will state the reasons for the summons, your personal details, the place, date and time you must appear in court.
• The hearing notice in deportation proceedings will indicate the type of hearing you are summoned to, depending on your situation. It will also inform you of the place, date, and time you must appear in court.

The immigration court may change the date or time of your hearing after receiving any of these documents. If this happens, you should receive a new notification. However, you can confirm your hearing details by calling the U.S. Department of Justice’s Communications Division at 1-800-898-7180

The date of your immigration court hearing is on the summons; however, to confirm this information, you can call the U.S. Department of Justice’s Communications Division hotline at 1-800-898-7180. You will need to provide your Alien Registration Number (A-number) to confirm the date, time, and location of your next hearing.

Criminal courts typically have a government-appointed attorney requirement for defendants. However, immigration cases, being civil in nature, do not have this obligation. Therefore, seeking legal counsel or representation from a qualified immigration attorney is essential for a favorable outcome in immigration court.

Attending immigration court without a lawyer is not a legal problem; in fact, you can attend the preliminary hearing without one. However, if you decide to pursue legal action and intend to obtain legal status in the United States, it is highly recommended that you hire an immigration attorney to represent you before the court. 

If you do not wish to retain a qualified attorney, you can inform the immigration judge that you intend to represent yourself, assuming the responsibility of proceeding to trial without sufficient knowledge of federal immigration law. In all cases, it is advisable to consult with an attorney to guide you through the entire defense process.

Each state has its own jurisdiction, which means immigration courts operate on different timelines. It is estimated that the first hearing can take place between five (5) and seven (7) months after receiving the summons. The entire process can take up to two years, considering the waiting periods between hearings and the complexity of the case. 

Processing times for detained individuals are usually shorter.

Generally, an immigration court hearing can last between two (2) and four (4) hours, depending on the time it takes for the lawyers to present their arguments, for witnesses to testify, and for documents to be submitted during the hearing.