What is immigration court?
Generally, any court of law is a place for court hearings and proceedings to be held by judges regarding legal cases. In this instance, we will be specifically discussing what immigration court entails and the vital roles immigration judges have in a court case. Immigration judges hold formal court proceedings in an immigration court of law, typically, to determine whether an alien will be allowed to remain in the United States, considering bonds amounts in some situations and considering various forms of relief from removal from the country, in other instances.
What happens at immigration court and what is its purpose?
Immigration court is in place to resolve different types of immigration law matters. Most often, this includes an individuals’ presence in the country and whether a person can be allowed to stay or if they are to be removed from the United States. There could be different types of relief a person can apply for in order to be considered to remain in the country, such as asylum, adjustment to lawful permanent resident status (green card), cancellation of removal, certain waivers of inadmissibility or if a detained individual should be allowed to post bond. Of course, it is up to the immigration judge reviewing your case to determine whether a case will be approved or, regrettably, denied.
Do I need legal representation if I have an upcoming hearing?
As in any court setting, you are not required to have legal representation unless you have been so ordered by a judge. Usually, it is a personal choice whether you would like to seek a licensed and experienced immigration lawyer to represent you in your case in court of law. It is always a smart idea to at least consult with an attorney regarding your case, to ensure you are on the correct path. Since immigration court is a federal court (not a state, superior or county court), the court is not legally obligated to provide anyone with an attorney if they cannot afford it. The burden of having legal counsel falls on each individual whose case goes to the immigration court, to seek out legal representation on their own, if they so choose.
Is there immigration court in my state?
Should you or someone you know, end up in immigration court – it is important to be educated and informed and know exactly which court location your hearing has been scheduled it. Immigration court, does not exist in every state.* For instance, currently, there is no immigration court within the state of Indiana – at this time the closest immigration courts are located in Chicago, Illinois, Cleveland, Ohio and Memphis, Tennessee. Once you know the location of your court hearing, it is vital to also check the median of the hearing, some judges choose to hold virtual, internet-based hearings and other judges choose to only hold in-person hearings. Attending a hearing is of the utmost importance, missing a hearing could have severe consequences to a case.
How do I find an experienced attorney?
If you are in need of legal assistance or would like to schedule a consultation with a practiced immigration attorney so they may provide you with legal advice in your specific situation, you can contact our office online by submitting a Contact Form at Contact Us | The Law Offices of Eugene Mogilevsky (egmlegal.com) or by directly calling our office at (317) 743-7958. Additionally, our attorneys practice a variety of different laws as well such as immigration law, family law and divorce, criminal, litigation, probate, wills, trust, trademarks, business law, power of attorney, and more!
Disclaimer: This blog post is for educational and informational purposes only and is not to be taken as legal advice in any capacity. Reading this blog does not constitute or establish an attorney-client relationship.
*Useful Links and References:
“Find Immigration Court and Access Internet Based Hearings.” Department of Justice, 5 Oct. 2023, https://www.justice.gov/eoir/find-immigration-court-and-access-internet-based-hearings.
“Immigration Benefits in EOIR Removal Proceedings” USCIS, 4 May 2023, https://www.uscis.gov/laws-and-policy/other-resources/immigration-benefits-in-eoir-removal-proceedings.