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Immigration Court Basics: What Happens at a Hearing

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Immigration court is a federal administrative system where an immigration judge decides whether a person may stay in the United States. The process is complex, and missing a hearing has serious consequences.

How cases begin

A case usually starts when the government serves a document called a Notice to Appear, which lists the charges and the hearing details. Courts are part of the Department of Justice's Executive Office for Immigration Review, separate from the agencies that enforce immigration law.

Types of hearings

  • Master calendar hearings are short, preliminary hearings to address the charges, set deadlines and discuss relief.
  • Individual hearings are the full hearing where evidence and testimony are presented.
  • Bond hearings address release for people in detention.

Key points

  • You may bring a lawyer, but the government does not provide one in most cases, so representation is at your own cost.
  • If you miss a hearing, a judge can order removal in your absence.
  • Always keep your address current with the court.
  • You can check your case information through the court's official online or phone system.

Finding legitimate help

Only licensed attorneys or accredited representatives working for recognized organizations can give immigration legal advice. Be careful of "notarios" and consultants who are not authorized. The Department of Justice and many nonprofit groups publish lists of free or low-cost providers.

Frequently asked questions

Is this legal advice for my case?

No. Immigration law is highly individual and changes often. Speak with a qualified immigration attorney or accredited representative.

Where can I find free help?

Look for nonprofit legal service providers and the court's lists of free legal service providers for your area.

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