good in this section of the site

we're going to discuss the immigration

deportation hearing nowadays it's called

an immigration removal hearing the two words mean basically the same

accept that deportation I was used in the old law

before 1997 and removal

is now has not been uses after 1997

aside from the name there are various

differences and when and where art the petition weekend

the case began now what happens when you

get involved with the immigration court all the first two years

once you my some get picked up by immigration

or get the NIAID for an application in the thing to a notice to appear

a notice to appear is a document please call the charging document

it very similar if you're getting sued

in a civil court in the give you a summons it's the same thing

it's a notice to appear NNPA in the MPA states on it

I your name your address up

and several other things it states what country you're from

how you went to the United States when you came in on a tourist visa

or fiancee visa or you actually came

overland through a border point without being inspected by the immigration

and I'll estimated take and they will discuss

up if you have a visa what type of visa it is

and anything Els they too may have done wrong

for example if you had committed a crime it's going to mention that you committed

the crime

if you had a marriage fraud

in the immigration service when he applied for your green card

it will mention that so initially you get this notice the in PA

and they tell you what the charges are and at the end

it is that you are removable as charged

in other words this saying that if you don't contest

these things we're going to deport you so what happens

you get the notice and you have to appear

on a certain date in court sometimes the notice says

a date but to be

assigned in the future so in other words the notice

may not actually have a date when you get that

you could wait for the court to send you a notice

but that's a bit dangerous because if for any reason you don't receive it

and you don't appear in court you will be

the ported in absentia in other with the poll without your body

and that creates a whole new level of problems such as

that you can't get your green card no metal what

even would waivers alice is the other country for at least five years

so you don't wanna miss a court date so when you get the note that says

are on a future date to be set what you have to do

you have to call this number and when repeated here

its 1 800 898

71 8 all they will ask you

on the phone there when you call the a number of the case

this number is written on BNP and the notice to appear on the upper right hand

corner

it's a eight or nine digit number and that's the number you use

and when you put that number into the system and press number one

able to lead the date I V necks court hearing now

when you go to court that day if you happen

yet obtain the lawyer the judge will

always give you additional time to get a lawyer and they will give you a list

above the free agencies the free lawyers

that can provide immigration services for you this is not like

a criminal case in a criminal case

%uh the court can appoint a lawyer if you and they will pay for the lawyer

but in an immigration case day will give you a list that nonprofit agencies

but you if you want your own lawyer

you're going to have to pay for it now the second time

but you have to appear I you should show up with your lawyer

and your lawyer at that point would have already discussed York

the case with you and here n you

will determine what is the best strategy

for example let's say you've been here for about 15 years

you have three American kids you qualify for what's called cancellation of

removal

lot of people call it the 10-year law and during the process

you can apply for your green card all let's see

you see that notice a new get married then the lawyer can

terminate close the proceedings so they

you cannot continue with processing a marriage case

in any event the first hearing that you go to is called

amassed a hearing then here he is just to determine

what you're going to do and the judge

and the government's lawyer annual lawyer discuss

what the possibilities there are for you to become

legal in the United States if any

once the three-sided and yes you do have a case

the judge warm mark and individual day

B&W urged aid is the actual trial date

now in the Northeast there if the United States here

how their very back lock and I had just the other day

a case schedule for two years in the future

hard to believe but the case would be scheduled in two years in the future

and they will have a trial and if we win

my claim we get a green card if we lose

you still have an opportunity to appeal

and you have 30 days to appeal and then you'll see when the pellicle

will say to that and hypothetically if you lose again

you could always go to a federal court after that

now if you get picked up

n you absolutely have no basis to stay here

you can always apply for voluntary departure

voluntary departure is a process where you could request the court

to let you leave voluntarily and you have to establish to the court that

you're a good person you have committed any crime

and you have the money the funds to leave when it's time to leave when the

judge

tells you have to leave and you you will leave on time

and the way it works if you apply for voluntary departure

in the beginning in a cave you get for months

more that you can leave if you apply

at the tail end the case after you've had a trial after you've lost

then the judge will give you to month for you to leave

this is a basic a out lined up what happens

I in a deportation case in my office

I have been the only be put a few cases for the last thirty years

I have done so many other than that I can you count the numbers

if you or anyone in your family have a problem

I with a on immigration cases make get that notice to appear

you better see me or some other immigration lawyer

as soon as possible to protect your rights

best of luck

no