If you are placed in removal proceedings, the United States government may file a Notice to Appear with the immigration court to petition for your removal from the country. This generally requires your appearance before an immigration judge, which will allow you to defend against the allegations raised against you in the hopes of remaining in the United States. 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 Are Removal Proceedings in Immigration Court?

Under U.S. immigration law, removal proceedings are a formal legal hearing to determine if a noncitizen can remain in the United States or if they should be ordered to leave the country. Generally, this process begins when the Department of Homeland Security (DHS) files a Notice to Appear (NTA) with the immigration court and serves a copy to the noncitizen facing removal.

The immigration court adheres to a formal process before deciding if someone should be removed from the country. At the hearing, the individual facing removal has the right to defend themselves and seek other forms of relief.

What Is a Notice to Appear (NTA)?

A Notice to Appear generally includes:

  • The allegations made against the noncitizen
  • The legal grounds on which DHS alleges the noncitizen is removable
  • The date and location of the immigration hearing
  • An explanation of the legal obligation to appear before a judge
  • Any immigration law violations that DHS believes is applicable to the process

An NTA is one of the most critical documents, as it establishes the grounds on which the government believes you are removable from the country. As such, if you have been issued an NTA in Lancaster County, York County, or the surrounding Pennsylvania communities, it is critical to connect with an experienced immigration attorney as soon as possible to fight for your future.

Individuals facing removal in Pennsylvania often appear before the Philadelphia Immigration Court, where a judge will evaluate the circumstances.

Common Reasons Someone May Face Removal Proceedings

A noncitizen may face removal proceedings when:

  • You have violated the terms of their visa
  • You have remained in the United States past the period of authorized stay
  • You have entered the country without undergoing inspection
  • You have been convicted of certain criminal offenses
  • You pose a national security risk
  • You are facing allegations of becoming a public charge
  • You have violated the requirements of your visa

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. Depending on the complexity of the case and the circumstances surrounding the immigrant and the allegations raised against them, this process can take months, if not years, to resolve.

Master Calendar Hearing

You must attend a master hearing and admit or deny the charges the U.S. government has pinned against you. At this hearing, you will generally be required to:

  • Confirm your identity
  • Ensure your personal and contact information is up-to-date
  • Admit or deny the allegations made against you in the NTA
  • Respond to the government’s removal charge
  • Inform the immigration judge if you plan to pursue immigration relief
  • Request additional time to prepare your case

Individual Hearing

At an individual hearing, you are allowed to:

  • Present evidence to support your case
  • Call witnesses to speak on your behalf
  • Object to the government’s claims against you
  • Explain your eligibility for relief
  • Question government witnesses

Once the hearing is over, the judge will evaluate and consider all evidence before determining whether or not you are eligible to remain in the United States

Issuance of the Final Decision from the Judge

You must attend a final hearing and learn whether the immigration judge has ordered your removal from the country. As such, the judge may:

  • Grant immediate immigration relief
  • Terminate the proceedings
  • Issue a continuance, requiring additional hearings
  • Issue a voluntary departure order
  • Issue a final order of removal

It’s important to understand that even if a final order of removal is issued, you still have options to appeal the order or seek additional relief. As such, connecting with a Lancaster County immigration attorney during these matters is critical.

How Can I Obtain Relief From Removal in Lancaster County?

As mentioned, even if a final order or removal has been issued against you, you may still have legal options to avoid removal. However, this is dependent on your immigration history, family relationships, and whether or not you are eligible for relief under immigration law.

Adjustment of Status Through Family Relationships

You may be eligible to qualify for lawful permanent resident status if you have an eligible family member who can sponsor you. This includes:

  • A U.S. citizen or lawful permanent resident spouse
  • Adult U.S. citizen children
  • Other eligible family members

In the event you are eligible, adjusting your status can allow you to receive a green card without having to leave the country.

Cancellation of Removal

You may be eligible for a cancellation of removal if you can demonstrate:

  • Continuous physical presence within the United States
  • Strong moral character
  • Exceptional and extremely unusual hardship to qualifying family members
  • Eligibility under immigration law

Asylum and Protection-Based Relief

You may be eligible to seek asylum or other forms of humanitarian protection in the United States in the event you have a founded fear of persecution in your home country based on your:

  • Race
  • Religion
  • Nationality
  • Political opinion
  • Membership in a particular social group

Contact an Experienced Lancaster County Removal Defense Attorney

You must retain legal representation before you even get close to hearing your ultimate sentence. That is why it’s in your best interest to work with the Lancaster County immigration waiver lawyers from Lupton Law LLC today. Our firm understands how difficult these matters can be to navigate and the monumental impact they can have on your life. That is why we are committed to helping you fight for the best possible outcome. Contact us today to learn more.