What to Expect at Your First Immigration Court Hearing: A Step-by-Step Guide
For many immigrants, the notice to appear in court can be a daunting experience. Unlike a criminal court, an immigration court has its own set of procedures, terms, and conditions. Knowing what to expect from your first hearing will help you prepare for the experience.
The Notice to Appear (NTA)
Your case will start when the Department of Homeland Security sends you a document called a “Notice to Appeal” or NTA. The document will include charges against you if the government claims you violated the law. The document will also show where your case will be heard in court. It’s important to read the document carefully since mistakes in the NTA can affect your case.
Master calendar hearing versus individual hearing
Most cases begin with a Master Calendar Hearing. In this hearing, which is short and procedural, many cases are scheduled for a hearing at the same time. During this hearing, the immigration judge will verify your identity and inform you of your rights. The immigration judge will also ask you whether you admit or deny the allegations contained in the NTA.
Additionally, the immigration judge will ask you what relief you are requesting. It could be asylum, cancellation of removal, adjustment of status, or voluntary departure. There is no testimony during this hearing. If there is a need for testimony, then a date is set for an Individual Hearing.
What to bring and how to prepare
You should carry a copy of your NTA, your immigration documents, and identification, if possible. You should also arrive early, dress conservatively, and be prepared to go through a security screening. You can also request an interpreter, especially if you’re not fluent in English. Immigration courts offer interpreters, so it is a good idea to confirm the language that is required.
It is also important to note that when giving information to the judge, you are doing so under oath. Even small statements can have a significant effect on your case.
Your rights in immigration court
You have the right to be represented by an attorney at your own expense. Although there is no free representation for immigrants, having an attorney who specializes in immigration law can make a big difference. You also have the right to present evidence, call witnesses, and seek relief if you qualify.
What happens next?
Following the Master Calendar Hearing, deadlines for filing an application and supporting documents can be set by the judge. Failure to comply with a deadline can cause your application to be denied or your case to be ordered for removal in your absence.
Talk to a Miami, FL, Immigration Attorney Today
The Law Office of Wilfredo O. Allen, Esq. represents the interests of immigrants seeking to stay in the United States. Call our Miami immigration lawyers today to schedule an appointment, and we can begin discussing your next steps right away.