For reasons you might not understand yet, the United States government may file a Notice to Appear with the immigration court to petition for your removal from the country. They must similarly serve this document to you, and once you receive it, you must rapidly shift your mindset and start building your legal defense. Unfortunately, there may not be much time or opportunities to reverse this situation. Well, with that being said, please read on to discover what to expect during your removal proceedings and how one of the seasoned Lancaster County immigration appeal lawyers at Lupton Law LLC can help you cancel or be relieved from an unfortunate final order.
What should I expect to happen during removal proceedings?
The United States immigration court follows a standard procedure before deciding whether or not an individual should be removed from the country. This established process is as follows:
- You must attend a master hearing and admit or deny the charges the U.S. government has pinned against you.
- You must attend an individual hearing and present your defense for why you should not be removed from the country:
- You must make an opening statement.
- You must raise objections to the government’s claims against you.
- You must present evidence and gather witnesses to testify on your behalf.
- You must make a closing statement.
- You must attend a final hearing and learn whether the immigration judge has ordered your removal from the country.
How can I obtain relief from removal at this critical point?
Unfortunately, at your final hearing, you may discover that you are sentenced to leave the United States. However, you must not give up on hope just yet. For one, you may continue your fight and file an appeal with the Board of Immigration Appeals. This Board has the authority to reverse the judge’s initial decision.
If this is not effective, though, other alternatives for relief from removal are obtainable. For example, say that you have a family-based visa and a family member who is a U.S. citizen or lawful permanent resident. Well, you may be able to petition for an adjustment of status to gain permanent residency and no longer be required to leave.
Or, you may apply for a cancellation of removal, usually through Form I-601, Application for Waiver of Grounds of Inadmissibility. This is a viable option if you can reasonably prove that your exit would cause an extreme hardship to a U.S. citizen or permanent resident who is your spouse or parent.
Lastly, you may attempt to seek asylum through Form I-602, Application by Refugee for Waiver of Inadmissibility Grounds. Here, you must demonstrate that you will have a well-founded fear of persecution if you return to your home country. This may be due to your race, nationality, religion, social group membership, political party, etc.
You must retain legal representation before you even get close to hearing your ultimate sentence. So please, contact one of the competent Lancaster County immigration waiver lawyers from Lupton Law LLC today.
