A hearing in immigration court is a very stressful process, especially considering the high stakes of the matter. If things do not go well in immigration court, deportation from the U.S. is a possibility. Because a hearing will ultimately decide the fate of your immigration status, setting yourself up for success is important. Part of doing so entails hiring the best immigration attorneys for your case. Working with an immigration law firm will ensure that you are well-represented, increasing your chances of a successful hearing.
Individuals awaiting an immigration hearing should also read up on what to expect to best prepare themselves for the following stages of the process.
Types Of Hearings In Immigration Court
There are several types of hearings that can take place in an immigration court or federal court including:
- Master Calendar Hearing
- Merits Hearing, also called an Individual Hearing
- Bond Hearing
- Appeal Hearing
The specific type of hearing that takes place in an immigration court depends on the case and its specific circumstances.
What Happens At An Immigration Hearing?
An immigration court hearing is a formal court proceeding, during which an immigration judge will make a decision on your case. During the hearing, the immigrant and their attorney will have the opportunity to present evidence and testimony to support their case. The government will be represented by an attorney from the Department of Homeland Security. Their role is similar to that of a prosecutor, and they also present evidence and arguments in support of its position. The judge may ask questions of the witnesses and may also consider other relevant information.
How Do I Prepare For An Immigration Individual Hearing?
There are a few key steps one can take to prepare for their immigration court individual hearing including:
- Gathering evidence: Collect all relevant documentation to support your case. This might include employment records, medical records, financial documents, witness list, and any other supplemental materials.
- Knowing your case: Familiarize yourself with the details of your case and be prepared to explain why you are eligible for the immigration benefit you are seeking. It is always best to practice thoroughly and review all elements of your case to refresh yourself before the hearing.
- Reviewing the law: Familiarize yourself with the relevant laws related to your case, including the applicable immigration regulations and court cases. Your immigration attorney will handle the legal arguments but one should always understand what is being argued in their own case to ensure it accurately reflects your situation and needs.
- Practicing your testimony: Prepare a clear and concise explanation of your case, including all relevant facts, and practice delivering your testimony. The more comfortable you are with your speech, the better it will be perceived by the judge.
- Arriving on time: Plan to arrive at the hearing location well in advance to allow for any unexpected delays.
- Be respectful: Dress properly and be respectful to all parties involved in the hearing.
Again, your immigration lawyer will be by your side to advise you with any further questions pertaining to the hearing.
What Should I Wear To An Immigration Court Hearing?
An immigration hearing is a formal matter and should be treated as so. Jeans and loungewear are not recommended. Individuals should wear appropriate business professional attire to their hearings.
What Happens After An Individual Hearing In Immigration Court?
After your individual hearing, the immigration judge might immediately issue a decision on your case. Alternatively, the court might also deliberate on your case, and because of the backlogs and careful attention paid to each case, this may take months or even years.
The judge’s decision can either be:
- Grant the immigration benefit
- Deny the immigration benefit and issue a removal order.
- Continue the hearing at a later date
Regardless of the outcome of the hearing, the individual has the right to appeal the decision if they disagree with it. The appeal process can be long and complex. Your immigration attorney will assist further in navigating the immigration appeals process.
It’s important to note that the judge’s decision can be appealed to a higher court in unique cases. Any changes to immigration laws and policies may also influence the outcome of the individual hearing. An immigration law firm has the benefit of having numerous experienced lawyers who can collectively provide a fresh approach to an appeal.
What Do Immigration Judges Look For?
Immigration judges look for evidence to determine whether an individual seeking to enter or remain in the United States is eligible for the requested immigration status, such as asylum or lawful permanent residency, according to the applicable laws and regulations.
Factors considered can include:
- the individual’s background
- criminal history
- ties to their home country and the U.S.
- the credibility of their testimony
- past immigration violations
- security concerns
The final decision will be based on the evidence presented as well as the law. It should be impartial and fair. If you feel your verdict was unjust you should seek legal representation from an appeals attorney to discuss your rights.
Can Immigration Judges Deny Your Case?
Unfortunately, a hearing does not guarantee a positive outcome. In some cases, the immigration judge or USCIS can deny an individual’s case due to ineligibility. They can also deny a case if the immigrant has a history of prior immigration violations or other related security concerns.
Speak to a trusted immigration law firm to hear if you are eligible to file an appeal with the appeals council.
Finding An Immigration Attorney For U.S. District Court
If you have an upcoming immigration hearing or appeals hearing, you should contact an attorney for guidance on the next steps.
Reeves Immigration Law Group is known for having some of the best immigration attorneys in the country. The team works relentlessly on deportation defense, asylum grants, and other immigration requests. Some of our attorneys even have a past professional background working for the U.S. Citizenship and Immigration Service and the Department of Justice in an Immigration Court, highlighting our immense knowledge in all types of cases, including those in federal court.
Contact us today to hear more about our legal services.
