How To Prepare For An Immigration Court Hearing
"El Show Sin Fronteras"
Spanish Video Above Translated In English Below
Today's broadcast of El Show Sin Fronteras features a special appearance by one of our attorneys, Eduardo Flores, who will explain in depth why it is necessary to have an immigration attorney by your side for Immigration Court hearings.
It is important to us that you receive transparent and accurate information about immigration-related topics, so we will review some of the most common questions that occur in preparation for an interview or hearing.
Our immigration attorney, Eduardo Flores, comments that it is essential to review the applicant's file, talk with them days before to make sure to clear up any doubts that may arise, and be in sync with the objectives during the interview.
At the same time, it is important that you have the support of your attorney throughout the entire process, from the time you enter the courtroom until the time you leave, to ensure that you are well represented and can quickly address any concerns that arise during the appointment.
Difference Between A Court Hearing & An Immigration Office Interview
The difference between a court hearing and an interview at an Immigration Office is that they are completely different processes. The latter are affirmative processes, which means you are applying or submitting a petition for a benefit such as permanent residency, citizenship, or approval of some type of immigration process.
While at the court hearing it is a defensive case, such as in the case where the State tries to deport an immigrant, the case is adjudicated in an Immigration Court and you will have to litigate against the State's Attorney. and U.S.Department of Homeland Security, so it is a more complicated legal process where you need the help of an immigration attorney.
A common scenario may be that you tried to apply for a benefit before the Immigration Offices, but your application was denied, so you can appeal the decision through an Immigration Court.
Court Hearing Highlights
Generally, these hearings can last about 20 minutes, however, we want to remember that all cases have different circumstances and contexts, so it is likely that the hearing could last an hour if necessary.
We are often asked whether people's clothing affects or influences interviews or hearings. Here at Lincoln-Goldfinch Law, we want to emphasize that there is no magic formula that can result in the approval of your case, there are several strategies depending on your case circumstances and we can even combine some of them to obtain better results.
That is why we consider that the way you dress can certainly play a fundamental factor in how you appear to the immigration officers, as well as how your language and the way you speak when answering the questions asked.
Intimate Or Personal Questions
A very frequent case in which intimate questions may arise is in marriages with a U.S. citizen, immigration agents, in order to determine the legitimacy of the application, may ask specific questions to people, such as, for example, what that person likes in terms of intimate relationships, any hidden body marks, among others.
Part of an immigration attorney's job is to prepare the client for any questions they may have because not all questions will be answered by the attorney.
Basic personal information questions, such as how you met your fiancé or what date you entered the country, are directed to the applicant. It would look bad if the attorney is the one answering all of these questions. However, part of the advantage of having legal counsel for immigrants is that the attorney can jump in at any point in the conversation if he or she notices that the conversation is going in the wrong direction.
Consequences Of Attending Court Without A Lawyer
We understand that for many immigrants paying for the services of an immigration attorney during all hearings can be costly, however, showing up to hearings alone can actually be counterproductive to your case.
Regardless of your reasons, you should have qualified legal counsel to handle your case, because the Court may argue aggressively against you and only an immigration attorney can handle the situation professionally and accurately.
At the same time, we remind you that in the Immigration Court you are not requesting something, as it can happen when you go to the Immigration Offices, where you must present your requirements and wait for a response. In the case of a hearing, you will face a Prosecutor who will litigate your case.
At Lincoln-Goldfinch Law, our immigration attorneys will walk you through the entire process, not just the courtroom. We have a team of professionals trained to prepare your case with special attention to your circumstances.
Behind every case there are a number of Paralegals and qualified staff to make the best decision, it is a team effort that requires hours of attention to provide you with legal advice in accordance with your needs. Contact us for a free case evaluation.
What Happens In Case Of Non-Appearance
It will depend largely on the type and status of the, but it is a way to seriously affect the case because it will cause a delay in the decision.
Given the situation, we live in today, what if I have a hearing, but I can't attend because I have COVID-19?
Chances are that if you have symptoms of COVID and feel that you will not be able to attend your hearing, your immigration attorney can contact the Court to notify them of your absence and reschedule your appointment, however, keep in mind that contacting the Immigration Office or Immigration Court can take days or weeks, so we advise you to maintain your health care to avoid setbacks in your immigration case.
What To Avoid During An Interview Or Hearing
One of the worst actions you can take is to lie or make fraudulent claims to obtain an immigration benefit or to defend yourself in Immigration Court.
This will not only result in the denial of your application, but may result in criminal or civil charges, and eventually, deportation.
That is why it is important that you are completely honest and transparent with your immigration attorney, who needs to get as much detail as possible to make the best decision and strategy for your case.
Questions From Our Followers
"Why can a visa be revoked, what can I do in that case?"
Everything will depend on what type of visa you have, as well as your immigration status within the country, remember that, as a general rule, temporary visas only allow you to perform certain actions within the country, so if you have not adhered to it, your visa could be revoked.
In the case of visas for medical or business treatment, these could extend their validity, but it would be impossible once they expire.
"In what year were the applications that are being processed now applied for?
The truth is that it is not possible to determine the exact processing time for asylum applications, U Visa, among others, but we have testimonies of people who entered the country in 2016 and their cases are currently being processed and resolved.
An important piece of advice we can give you is to make sure that the Immigration Office has the correct mailing address for your case, where you will receive all the information regarding your immigration case.
In case you have any additional questions or concerns regarding recommendations to attend court or immigration offices, or any other immigration-related issue, please do not hesitate to contact us for a free case evaluation at (855) 502-0555. You can also follow us on our social media Facebook, TikTok, and Instagram.