Miscellaneous

What happens at Immigration individual hearing?

What happens at Immigration individual hearing?

At an individual hearing, you may present evidence and give testimony that you are eligible for immigration status and should remain in the United States. The government attorney may also present evidence or bring witnesses. At the end, the judge will either approve or deny your application, verbally or in writing.

What do I do if I was placed in removal proceedings?

Before the alien is placed in deportation proceedings, the Department of Homeland Security (DHS) must serve the alien with a charging document, called a Notice to Appear (NTA). The alien in removal/deportation proceedings is called the “respondent.”

How many hearing are there in removal proceedings?

Typically, there are two hearings: a master hearing and an individual hearing. But there may be more than one hearing, depending on your situation. Once the immigration court schedules your removal hearing with an immigration judge, it means that your removal proceedings begin with a “master calendar” hearing.

When do I have to leave immigration court?

Immigration judge has the discretion to set a shorter deadline. The general rule is that if you are granted voluntary departure prior to the completion of removal proceedings, you must depart within 120 days. If you are granted voluntary departure at the conclusion of removal proceedings, you must depart within 60 days.

What happens if you are removed from the United States?

For example, if this is your first removal, you cannot lawfully return to the United States for 10 years. If you have been removed in the past, you cannot lawfully return to the United States for 20 years. If you have been convicted of an aggravated felony, you cannot lawfully return to the United States forever.

Do you have to follow instructions in removal proceedings?

You must follow these instructions carefully in order to have your application adjudicated during removal proceedings.

What happens at the end of EOIR removal proceedings?

(See 70 Federal Register 4743 (January 31, 2005) ( codified at 8 C.F.R. Parts 1003 and 1208). If the Immigration Judge grants your application, you will be given the Post-Order Instructions for Individuals Granted Relief or Protection from Removal by Immigration Court (PDF, 235.78 KB) at the conclusion of the removal proceedings.

Who can apply for adjustment of status outside of removal proceedings?

Outside of removal proceedings, USCIS is the agency that ordinarily processes adjustment of status applications, from people who apply on their own initiative.

Can a person request relief from removal in immigration court?

The information on this page only applies to individuals who are requesting, or who have been granted, relief from removal or protection while they are in removal proceedings in Immigration Court or before the Board of Immigration Appeals (BIA).