For many individuals and families, receiving a Notice to Appear from U.S. immigration authorities can be a frightening and unsettling experience. These letters are often the initial step toward establishing removal and deportation proceedings against you or one of your family members. If you receive a Notice to Appear, your first step should usually be to contact a New York removal proceedings lawyer to request counsel and representation for your case both in and out of court.
Grounds for Removal Proceedings
Your Notice to Appear will typically contain specific allegations that serve as the government’s case for removing you from the United States through deportation. Some of the most common grounds for removal proceedings include the following:
- Failure to attend school while in the United States on a student visa
- Conviction for criminal activities
- Falsification of immigration documents or fraudulently claiming to be a U.S. citizen
- Marriage fraud
- Entering the United States illegally
- Failure to adjust or maintain immigration status
These allegations must be supported and proven in an immigration court. If you do not respond to the Notice to Appear, however, you may be subject to deportation orders without the chance to defend yourself in these court proceedings. Your New York removal proceedings lawyer can provide guidance and support during your initial courtroom appearance and throughout the removal proceedings that sometimes follow these first hearings.
What Happens in an Immigration Hearing?
During your initial hearing, you may spend only a few minutes in front of the judge. You or your New York immigration attorney will listen to the allegations made by the government and will respond by admitting or denying the charges. In nearly all cases, it is best to deny the charges and move on to immigration court to have your case heard. The judge will then generally schedule a second hearing for immigrants who deny the charges against them.
The second hearing will consist of arguments by your New York removal proceedings lawyer and by the government’s attorneys. The government will present its evidence and will argue that you or your family member should be removed and deported from the United States. Their case may include information on convictions, illegal activity or simple evidence that you are an undocumented immigrant in the United States. Your attorney will provide evidence on your behalf and will present the reasons that you should be allowed to remain to live, work or study in this country.
After the judge hands down a decision about your case, both parties to the case can appeal the ruling. If you choose to appeal a ruling that goes against you, you will receive an automatic stay on removal proceedings. Your New York immigration attorney will discuss your specific situation with you and will help you to determine the best approach to your initial hearing, your immigration hearing and any appeals you may choose to pursue. This will typically allow you to enjoy greater peace of mind and to achieve better outcomes for removal proceedings and other immigration issues in the state of New York.
Finding the Right Legal Help for Immigration Issues
If you are currently facing removal proceedings, choosing a New York immigration attorney from the Pozo Goldstein team is often the best first step toward fighting for your right to stay in the United States legally. Pozo Goldstein has two former immigration prosecuting attorneys and a former judge on our team. This depth of experience and knowledge can promote the best outcomes for your immigration case. To schedule an initial consultation with our team, call Pozo Goldstein today at 212-201-9031. We look forward to the opportunity to help you protect and defend your version of the fabled American dream.
