Removal or Deportation proceedings in a US Immigration court are far less dramatic than you would expect it to be. If you expect a jury to be present and display a lot of legal jargon you will be disappointed. Typical happenings in an Immigration court are relatively less formal than a regular court and the usage of legal jargon is less too.
In the immigration court, one would find the Immigration Judge to be willing to hear out both the sides (The Government and the Immigrant and/or his attorney) before making a decision. But if the Immigrant does not have a good Deportation Attorney representing him then the likelihood of a decision going in favor of the Immigrant is far less. This is because an Immigration Court Judge does not have the time, space or the bandwidth to understand the immigrant’s current situation, challenges or plight to rule in his favor. It is often known that where there is no Deportation Attorney representation then the Immigrant is more likely to be deported
This is perhaps the hardest question for every immigrant who finds himself in deportation proceedings in NYC or anywhere else in the United States.
First, do not panic!!!
If you are scheduled for a Master Hearing in immigration court for the first time, you have the right to ask the immigration judge for some time so you can search and find your best deportation attorney in NYC. In immigration court, this is called “a Continuance” and your request for additional time is called a “Motion for Continuance”.
A continuance gives the immigration judge the right to manage his docket move a hearing from one scheduled date to another. This is governed by 8 C.F.R. § 1003.29, which allows the Immigration Judge to continue a hearing for good cause shown and by 8 C.F.R. § 1240.6, which allows permits the Immigration Judge to grant a reasonable adjournment at his or her own instance or for good cause shown by a requesting party.
Depending on the immigration judge calendar, your Master Hearing or deportation case will be rescheduled for two months and possibly up to one year. This is because the immigration courts are extremely busy and backlogged.
As an immigration lawyer in NYC, the second thing I would recommend is to do your own research and do not solely rely on the advice of a friend or a family member about a certain deportation lawyer in NYC, unless this person has some experience with this lawyer.
You should also meet the immigration lawyer in person. Many immigration lawyers in NYC that deals with deportation offer a free office consultation. This is a great opportunity to meet your immigration lawyer face to face and hear his opinion about your immigration case, your immigration options, and the immigration legal fees and immigration filing fees the pertain to your case.
It is very important that you get the opportunity to discuss the legal fees with your deportation immigration lawyer. Bear in mind that cost and legal fees vary from one case to another and from one immigration lawyer to another.
In addition, some deportation lawyers charge flat fees while the others charge an hourly fee. Even if your deportation lawyer charges a flat fee rate, you may be able to pay the legal fees on your immigration case in installments.
This is very much depending on whether you are Deportable or Inadmissible.
Deportable means that you are in the United States either illegal, overstayed your status, committed fraud OR a criminal offense that set up the basis of the US Department of Homeland Security to place you in Deportation or Removal Proceedings.
Inadmissible means that you are in the United States either illegal overstayed your status or committed fraud OR a criminal offense and you wish to be admitted to the United States, for example, apply for a green card. In some cases, even a green card holder may be deemed inadmissible, for example, if he traveled outside the US and then seek to the renter and the Custom and Border Protection Officer finds that this person has criminal records which makes him inadmissible and places him in Deportation or Removal Proceedings.
An Immigrant facing deportation is not usually in a position to personally prepare and defend his case since the complexities in US immigration laws are so thick that you would need to go really deep to stand for yourself. A Deportation Attorney in NYC, on the other hand, would naturally be positioned to:
The attorney charges would primarily depend on the complexity of your case. Some Deportation Attorneys would charge you a flat fee if your case is less complicated while some would work on hourly based charges especially if your case is complex. Most of the Deportation Attorneys in NYC would require an upfront payment since the United States government filing fees and other processing charges are quite substantial and may not be refundable or waived.
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