Removal Proceedings

Facing Removal Proceedings? Let Martinez Immigration Law LLC Be Your Trusted Guide
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Removal Proceedings Attorneys In Kansas City, Missouri

What are Removal Proceedings?

If you have entered the United States without permission, overstayed a visa, or otherwise violated the terms of any legal status, the U.S. government typically has the authority to initiate removal proceedings (commonly referred to as "deportation proceedings") against you in an effort to have you ordered to leave the country. This also applies to lawful permanent residents ("LPRs") who have been convicted of certain crimes or have committed immigration fraud. While removal proceedings are civil rather than criminal, the consequences can be life-altering.


To begin removal proceedings, the Department of Homeland Security (DHS) must file a Form I-862, also known as a Notice to Appear (NTA), with the immigration court that has jurisdiction over your location. The NTA will outline the factual allegations against you and the alleged legal basis for your removal from the U.S. It must also provide details about your first immigration court hearing, including the location, date, and time. Additionally, the NTA will list your Alien Number (often referred to as your "A number"), which begins with the letter "A" and is followed by nine digits. It is crucial that you keep track of this number and, if possible, memorize it.


Although not guaranteed, many individuals in removal proceedings may be eligible for some form of relief that allows them to remain in the U.S. if their application is granted. Some forms of relief must be submitted to U.S. Citizenship and Immigration Services (USCIS), while others must be presented to an immigration judge. The judge will then schedule you for a final trial, called an Individual Hearing, to determine whether to grant the application. In some cases, DHS may incorrectly claim that you are removable from the U.S., which may then provide an opportunity to have the proceedings dismissed.


The first hearing in immigration court is called a Master Calendar hearing – as is any subsequent non-trial and non-bond hearing. If you are detained, your first Master Calendar hearing will typically take place within a couple of weeks. If you are not detained, the hearing could be several months after receiving the NTA. Regardless of when your first hearing occurs, it is crucial to consult with an experienced immigration attorney as soon as you are placed in removal proceedings (i.e., as soon as your NTA is issued to you). A lawyer will help you assess your case and explore your options.


Although you have a right to be represented by an attorney in removal proceedings, the government will not appoint one to represent you. Hiring a skilled immigration attorney is recommended, however, as it can significantly improve your chances of remaining in the U.S. if you qualify for relief.


Important Warnings:

**It is critical that you keep track of your immigration court hearing dates and attend all hearings, regardless of whether you have an attorney. Failing to appear at a hearing without the judge's prior approval will result in an automatic order of removal from the United States, even if your attorney is present.** You can easily check your hearing location, date and time 24/7 by either entering your A number online here, or by calling the EOIR automated court information system at 1-800-898-7180.


Additionally, you are required to notify the immigration court within 5 days if you move to a new address, even if it's just to a different apartment within the same building. To do so, you must file a Form EOIR-33/IC (“E-33”) with the immigration court. If you have an attorney, you must notify the attorney of the address change and they will file the E-33 for you. If you do not have an attorney, you can file the E-33 online here.


Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Call Martinez Immigration Law LLC at 816-491-8105 to schedule a consultation with a lawyer today.

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