During your immigration process in the United States, it’s crucial to attend your deportation hearing, as immigration laws can be complex. However, unexpected events can sometimes make it difficult to arrive on time. If you have missed your immigration court removal hearing, the U.S. immigration hearing steps will guide you on how to handle the situation.
The Notice to Appear (NTA)
In U. S immigration enforcement, detention, and removal proceedings, the Immigration and Customs Enforcement (ICE) issues an NTA, or Notice to Appear, when a foreign-born individual is placed into removal proceedings. This notice informs you about the date and place of the first immigration court appearance commonly referred to as the removal hearing which is a significant stage in your immigration process. You must come to this hearing in person and may come with any legal counsel you wish to bring.
Requesting a Continuance
Although every person should do everything possible to be present at the hearing of his or her case, situations may eventually occur that would prevent one from attending the court. In such circumstances, you can request to change the date of your appointment. You can request a postponement by filing a legal document called a motion for continuance. However, the Immigration Judge (IJ) has the final say on whether to reschedule the hearing, and there are potential downsides to delaying it.pen_sparktunesharemore_vert
Understanding In Absentia Orders
- Consequences of Missing a Hearing:
- If you miss your scheduled immigration hearing, the judge may issue an order for your removal from the U.S. in your absence (in absentia) if it can be shown that you received proper notice of the hearing.
- An in absentia order can make you inadmissible to the U.S. for ten years and ineligible for certain forms of relief from removal.
- Exceptional Circumstances:
- You may be able to contest the removal order if you missed your hearing due to exceptional circumstances, such as serious illness, death of a close family member, or not receiving notice of the hearing.
Steps to Take If You Missed Your Hearing
- File a Motion to Reopen:
- If you have been ordered removed in absentia, you can file a “Motion to Reopen” your case. This motion must explain why you missed the hearing and should include supporting evidence.
- The motion should be filed with both the immigration court and the Department of Homeland Security (DHS). Include:
- Your personal information (name, address, phone number).
- The date and time of the missed hearing.
- A detailed explanation of why you were unable to attend.
- Any relevant documentation supporting your claims (e.g., medical records, affidavits).
- Timing for Filing:
- You can file your motion at any time if you did not receive proper notice or were in custody. However, if your absence was due to other reasons, you must file within 180 days of the missed hearing.
- Fees:
- There may be a filing fee associated with your Motion to Reopen, typically around $110. If you cannot afford this fee, you can request a waiver by submitting Form EOIR-26A.
Seeking Discretionary Relief
If reopening your case is not an option or if you do not qualify for it, consider asking ICE for discretionary relief. This might include options like:
- Asylum applications: If eligible, apply for asylum or other forms of protection.
- Cancellation of removal: Depending on your circumstances, this could be another avenue for relief.
When Can You Request a Continuance?
Still, it is important to explain, when and how one may dispute the need for a continuance. Similarly, parties request and grant continuances as needed, depending on the specific circumstances of the matter at hand. To increase the likelihood of receiving a favorable decision, it is reasonable to provide detailed justifications and supporting documents that demonstrate good cause for rescheduling.
Examples of Valid Reasons for Continuance:
Medical Emergency:
If you or a family member has a medical emergency requiring a procedure on your hearing date, you can reschedule the hearing. This version clarifies the subject (you or a family member) and strengthens the verb (has instead of requires). It also removes unnecessary words like “the likelihood of” and makes the outcome (rescheduling) more direct.
Legal Representation:
One thing you need to know is that when you have worked with a lawyer, to present your case in court, he or she may ask for more time to make adequate preparations.
Unforeseen Conflicts:
We understand that you might request a continuance if unforeseen circumstances, such as work engagements, arise.
Namely, it’s important to get the point that work or some other minor instances on the hearing day may not be enough reasons to request a continuance. Further, continuances are way much more likely to be given by IJs especially if the request is a first one.
The Timing of Your Continuance Request
To increase the likelihood of your continuance being granted, file it early before the scheduled hearing date. Generally, submissions should follow this organizational format: a Meeting Announcement with pertinent information or a Memo to the IJ suggesting new suitable dates. However, the IJ must decide on these matters. Additionally, strict adherence to following the apex procedures, timelines, and the filing process of your assigned IJ, and always make sure to serve a copy of your motion to the government trial attorney.
Attending the Hearing Despite Pending Continuance
However, as much as possible, if your motion for continuance is still outstanding when the date of the hearing arrives, then the lawyer will have to proceed to the hearing as initially scheduled. If this does not happen there may be a ruling made whilst the IJ is absent from the courtroom, and the outcome may not be in the detainee’s favor. It is very difficult to appeal an in absentia decision, meaning an individual who wishes to challenge it should be there during the hearing.
To do away with any inconveniences, ensure that you plan well ahead of time so that you can arrive when needed, and the amount of time required when seeking a parking lot and going through security checks. One can lose their removal hearing right and end up with a ruling made in their absence if they failed to attend the hearing on the scheduled time and date.
If Your Continuance Is Granted
If you have requested a continuance and the judge approves it, then an order indicating the new date will be made. Again, it is important to note that immigration courts are usually very busy; hence, the new hearing may be several months later. Expect some frustrations or at least some slow motion in your bid to gain entry into this country.
Special Consideration for Asylum Applicants
If you are seeking asylum and request a reschedule of your hearing, it’s essential to understand the implications. Doing so may pause the clock on your eligibility for a work permit, delaying your ability to apply for one. For more information on this topic, refer to “When Can Asylum Applicants Get a Work Permit?”
Seeking Legal Assistance
Navigating immigration proceedings can be overwhelming, and securing competent legal representation is crucial. An experienced immigration attorney can analyze your case, identify possible defenses, gather essential documents, and file necessary motions like a motion for continuance. They can also prepare you for immigration court hearings and stand by your side throughout the process.
In conclusion, attending your immigration court removal hearing is vital, but life can throw unexpected challenges your way. In such cases, it’s essential to understand the process of requesting a continuance and the factors that may influence the decision. Always seek legal guidance to ensure you have the best possible chance of addressing your immigration concerns effectively.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the US straightforward and successful. Whether you’re applying for a Business Visa or an Immigrant Investor Visa, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to attend an immigration hearing in the US. Call us today at +234 812 5505 986 to learn how we can assist you.
