Being placed in removal proceedings means that the U.S. government has initiated a formal legal action to potentially deport you from the country. If this has happened to you, it is natural to be both overwhelmed and frightened, but the best way to approach the situation is to make sure that you understand your rights. The more you know, the better prepared you will be to take immediate action that can significantly impact the outcome of your case.
The first step in the face of removal proceedings is to carefully review every document you receive, and especially the Notice to Appear (NTA). This is the most important document, as it provides crucial information about the charges against you, your court date and location, and the specific immigration laws you’re alleged to have broken. Ignoring these documents or missing your court date can result in an automatic removal order. Even if you think your situation is hopeless, it’s important to show up: Failure to do so automatically results in an in absentia removal order, which will severely impact your future options. If you can’t attend due to an emergency, contact the court to request a continuance.
To prepare for your court appearance, collect all documents that support your case, including evidence of family relationships, work records, tax returns you’ve filed, medical records, or country condition evidence for asylum cases. The more documentation you have and the better organized it is, the stronger your case will be.
It’s important to remember that you have rights in removal proceedings, including the right to remain silent, the right to an interpreter if you don’t speak English fluently, the right to examine evidence against you, and the right to present evidence on your own behalf. Everybody’s situation is different, but you may have several defenses or forms of relief available to you, including asylum, cancellation of removal, adjustment of status, or voluntary departure. You also have the right to appeal negative decisions to the Board of Immigration Appeals.
No matter how well-versed you are about your rights, immigration law is complex and constantly changing, and removal proceedings can have devastating consequences if they’re not managed the right way. The best thing you can do for yourself is to contact an experienced immigration attorney as soon as possible after reviewing your Notice to Appear.
While you have the right to represent yourself, having knowledgeable legal counsel makes an enormous difference, as an attorney can help identify which options apply to your situation and develop the strongest possible defense strategy. For more information on how we can help, contact us today to set up a time to meet.