Deportation
Defense

Accént Legal the law office of Mark Kowalewski

Immigration court appearance is mandatory and may be your way to get a green card. Filing for an asylum application in immigration court is a common way to present your case.

You may receive a Notice to Appear (NTA) based on overstaying a visa, entering the United States without a visa or applying for an immigration visa while in the United States and being denied that visa. When you receive a Notice to Appear this requires you to appear in immigration court.

It may be possible to receive a green card through immigration court if a judge agrees with your case. If you do not appear in the immigration court, you will receive an order of deportation without appearing in front of a judge. It is important to make all of your court appearances and keep your address current with the immigration court.

Can I get permanent residency status (green card) with a U visa?

Yes. If your application for relief in immigration court is granted, you may receive a green card.

Each case is different. It is important to discuss the details of your case to understand your options.

Can my family get status through an immigration court case?

Yes. If your application for relief in immigration court is granted, it may be possible for your family members to be included in the application.

Each case is different. It is important to discuss the details of your case to understand your options.

I received a Notice to Appear (NTA), now what?

This document provides information on when you need to appear in court. Do not miss this date. If you are nervous about your court appearance, or unsure of your options, seek assistance from an immigration attorney.

If you are feeling uneasy, reach out to an immigration attorney at this stage. Notarios are not licensed within the court and may offer information that is invalid.

If you wait too long, your statements in court may make it more difficult for your attorney to later represent you.

I was picked up by ICE, now what happens?

You may be placed in jail. Immigration and Customs Enforcement (ICE) will rent beds from counties in order to place ICE detainees. Be aware of this possibility and prepare your family to pick up children after school, add multiple individuals to bank accounts and ensure multiple people in your house have access to all personal records.

What is a voluntary departure?

Per USCIS, this is departure from the United States without an order of removal. The departure may or may not have been preceded by a hearing before an immigration judge.

This voluntary departure concedes removability but does not have a bar to seeking admission at a port-of-entry at any time. Failure to depart within the time granted results in a fine and a ten-year bar to several forms of relief from deportation.

Should I accept an administrative closure and deportation?

This is a case by case determination by the individual for their situation. We offer free consultations for the purpose of evaluating your situation and offering you the solutions available so that you may make the best decisions possible.

Can I get bail to go back to my family?

This depends on your specific case. While you are detained, there are specifics to your case that may aid to determine if, and how quickly, bail will be available. Consult with an immigration attorney to discuss the specifics facts of your case.

What can my family do to prepare in case I am picked up by ICE?

Ensure your bank accounts necessary to make payments for rent and utilities have multiple individuals with access to the funds. If you have children, make sure both parents have documents on file to represent the children, along with another family member with signed access to represent the child and pick them up from school should you be picked up by ICE.

If I am deported, can I come back to the United States?

It depends. Consult with an immigration attorney to discuss the specific facts of your case.

Is there a fee in immigration court?

There is no fee to appear for immigration court.

Depending on the applications you are able to file, an application fee may be necessary.

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Green Card/Adjustment of Status/Consular Processing

A Green Card holder (permanent resident) is someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent resident card, commonly called a “Green Card.”

Asylum

You can get asylum status in the United States by asking for protection from the federal government. How you ask for asylum status depends on where you are physically located (within the United States, or at the Border or a Port-of Entry like an airport) and whether you are in removal/deportation proceedings before the Immigration Court.

Request for Evidence

A Request for Evidence (RFE) can be alarming. However, these are often an opportunity for clarification on your application package.

Deferred Action for Childhood Arrivals (DACA)

The Deferred Action for Childhood Arrivals (DACA) allow some individuals who entered the United States as minors, and either entered illegally or over stayed their visa, to receive a renewable two-year period where they are deferred from deportation and are eligible for a work permit.

Interview Preparation

USCIS contacts applicants with an interview time. This interview is another opportunity to use an attorney to protect your interests.

Work Permit

A work permit may be available to you based on your status, circumstances, and your opportunity to submit applications that include a work permit.

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