If you have been placed in immigration court, your ability to remain in the United States may be at risk. Immigration court proceedings can lead to deportation, but many individuals have legal options to fight their case and seek relief.
These cases are complex and time sensitive. What you do early in the process can significantly impact the outcome.
Our office handles immigration court matters nationwide, including defense in removal proceedings, applications for relief, and challenges to prior denials through Motions to Reopen, Immigration Appeals, and Federal Litigation.
What Is Immigration Court
Immigration court is where the government seeks to remove individuals from the United States. These proceedings begin when a person is issued a Removal Notice to Appear.
An immigration judge will review the case and determine whether the individual should be removed or whether relief is available.
Immigration court is separate from USCIS and follows different procedures and rules.
Why People Are Placed in Immigration Court
There are several reasons someone may be placed into immigration court, including:
- Denial of a green card or other immigration application
- Overstaying a visa
- Violations of immigration status
- Certain criminal charges
- Entry into the United States without inspection
Many individuals are placed in court after a denial of Adjustment of Status, Naturalization, or other applications.
What Happens in Immigration Court
Immigration court cases involve multiple hearings and legal filings.
The process typically includes:
- Master calendar hearings
- Individual hearings before a judge
- Submission of applications for relief
- Presentation of evidence and testimony
The outcome depends on the facts of the case and the legal options available.
Relief Available in Immigration Court
Even if you are in removal proceedings, you may still qualify for relief.
Common forms of relief include:
- Adjustment of Status
- Cancellation of Removal
- LPR Cancellation
- Non LPR Cancellation
- Court based waivers through Waivers
The availability of relief depends on your immigration history and current circumstances.
Immigration Court After a Denial
Many individuals enter immigration court after their case has been denied by USCIS.
For example:
- Denial of a green card application
- Denial of a waiver such as an I-601 Waiver
- Denial after a USCIS RFE Response or NOID Response
In these situations, you may still have options to continue your case or seek relief in court.
Motions and Appeals in Immigration Court
In some cases, you may be able to challenge prior decisions or reopen your case.
This may involve:
- Filing a Motion to Reopen
- Filing a Motion to Reconsider
- Pursuing Immigration Appeals
These strategies depend on the procedural history of your case.
Risks in Immigration Court
Immigration court carries significant risks, including the possibility of removal from the United States.
If relief is not granted, the judge may issue an order of removal.
It is important to understand your options and prepare your case carefully.
When to Speak With an Immigration Court Lawyer
You should consider speaking with a lawyer if:
- You received a Notice to Appear
- Your immigration application was denied
- You are facing deportation
- You are unsure what relief may be available
- Your case involves prior immigration violations or criminal issues
Early legal guidance can help you understand your options and build a strong defense.
Get Help With Your Immigration Court Case
Immigration court is one of the most serious stages of an immigration case. The right strategy can help you remain in the United States and move forward with your immigration goals.
Our office handles complex immigration court matters nationwide, including removal defense, waivers, and challenges to denials. If you need help with your case, contact us to discuss your options.