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  • I

  • 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

I

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B1 中級

入国管理局の退去・退去聴取 (The Immigration Court Deportation & Removal Hearing)

  • 16 3
    Amy.Lin に公開 2021 年 01 月 14 日
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