Wednesday, 1 December 2021

Things to expect in immigration court cases

 A large number of people cannot afford to pay for an immigration attorney to signify them in their case, so for them, their only option is to do it separately. While this is not the best way to go forward, it surely is feasible to win your case without the help of London immigration lawyers. But before proceeding on your own, you should at least consult an immigration attorney to inspect your case to describe the steps to you.

However, for general information, below are the things that you can expect during immigration course proceedings.

All immigration proceedings commence with service by an ICE officer of a Notice to Appear. You can find a number of comments that can be made about the notice to appear. First and most notably, if it is in fact a notice to appear that you have been served, the first page of the document will basically convey “Notice to Appear” in bold in the upper right-hand side of the document. If it does not contain such words, it is perhaps some other type of document. The Notice to Appear puts forth in numbered paragraphs the accusations by DHS against you – fundamentally these are pleadings which notify the immigration judge why you need to be deported and sent back to your native country. Before you attend your first immigration court hearing, it is necessary for you to read each of these allegations very prudently. Very often times these allegations are not contested and the immigrant will just admit to each of these allegations at the first hearing. BUT this may not always be the scenario. If you believe that any or all of these allegations are not correct, then it is up to you to reject these allegations at your first master calendar hearing and push the DHS prosecuting attorney to verify the allegations made against you.

Along with quoting the factual allegations against you as to why you should be expelled from the United States, at the bottom of the Notice to Appear you will get a reference to the legal decree which the government is counting upon to extradite you. Knowing this statute and how it associates to your case can sometimes be the most intricate part of your case, especially if you are a permanent resident being deported as an outcome of pleading guilty to some crime. Often times immigration attorneys even have a harder time understanding these removal statues and how they relate to corruptions. In expert London immigration lawyers often give silly advice on these very complicated legal matters.

If you choose to challenge DHS’s factual and legal accusations against you, the immigration judge generally decides the matter in one of two ways: (1) they will ask the government to prove its case at the very first master calendar hearing; or (2) the immigration judge will schedule a new court date for what is known as a “contested master calendar hearing.” Sometimes, immigration judges will go with the second option as most immigration judges in the United States are pro DHS and will give DHS every opportunity possible to verify their case against you. DHS will use try to collect documents supporting elimination such as certified copies of conviction records, I-213s and other legal paperwork.

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