If you are facing your first immigration court hearing in the United States, it is perfectly normal to feel uncertain about what to expect. However, there is no need to worry, as with the right information, you can successfully navigate this process.
The preliminary hearing, also known as a "master schedule" hearing, is your first appearance in immigration court when you are being processed for deportation. You can have a single preliminary hearing or several before a date is set for the final or individual hearing.
But don't worry, we are here to help you understand every step of this path. Keep reading this article to answer the 10 most common questions that will help you face your first hearing with confidence and knowledge. Let's start this journey together!
How do I know when and where my hearing will be?
Knowing the details of your audience is crucial and should be taken very seriously. If you do not attend, you could lose important rights and face serious consequences.
Here's the key: you will receive an appointment with the date and time of your hearing, officially known as a Notice to Appear (NTA). This document sent by the United States government details the charges against you, the reasons for possible deportation and, of course, the date and time of your first hearing. It usually arrives well in advance, so don't worry.
Remember, this appointment is essential and being informed will allow you to face it in the best way possible.
How do I track changes to my immigration court date?
If you haven't received your preliminary hearing information document yet, it's important that you check the immigration court website. You can enter your foreigner number (A) on the website to find out the date and location of your hearing. This will also help you verify if there are any changes or delays.
Immigration court dates often have distant dates due to high demand. Keep in mind that the date of your preliminary hearing can change, and failure to attend the first appointment carries real risks of deportation.
Therefore, it is recommended to follow up on your court date weekly, as dates can change even if you have already been assigned one.Even with an assigned date you must do it, because as we already said, dates can change.
Pro Tip: You may check your status with Inmigreat Case Tracker app. It facilitates automatic tracking of your immigration court case, notifying you of any changes in your status. Using this tool guarantees you don't miss your court date.
What should I know before the hearing?
Before attending your appointment, you should take into account some important details:
Puntuality:
Arriving 30 minutes early is crucial to account for possible delays due to traffic or parking. Preparation is key!
Know the area:
Pay attention to the address and try to familiarize yourself with the building. If possible, make a visit beforehand to explore the surrounding area and find out about the parking areas and the corresponding rates. Consider bringing cash on the day of your appointment, it never hurts!
Security Check:
At the entrances, you will encounter a security process similar to that at airports. Be prepared to undergo it; avoid carrying knives and complex electronic objects, and ensure that you wear easily removable shoes. Additionally, consider not wearing watches or other unnecessary accessories. Limit your electronic belongings to the essentials, as often only cell phones are permitted.
Finding Your Hearing Room
If you're unsure about which room to go to, inside the building you'll find lists on the walls with the person's name and case number. Generally, the last three numbers of your case number correspond to your hearing. You can find out which judge is assigned to your case and in which room your hearing will take place by checking the list.
How should I dress for the immigration court date?
It is highly recommended to dress formally for your first date. Let's delve into the details! If you're a woman, choose long-sleeved blouses in solid colors, ideally paired with pants made of fabric similar to that used in office environments. Avoid jeans and short clothing, as well as excessive accessories. Opt for closed-toed shoes with medium or low heels.
Now, for gentlemen, choose shirts instead of t-shirts and pants instead of jeans. If possible, add a jacket to give a more formal touch to the occasion. And here's the golden rule: avoid sneakers.
Remember, the key is to look as formal as possible. You will look prepared to face any situation with complete confidence!
Is my appointment with the judge exclusive?
No. The judge schedules appointments with the same date and time for about 20 to 30 people simultaneously. Yes, it's that common!
Now, this means that everyone will enter at the same time and wait patiently until it is their turn. But here comes an interesting fact: generally, the judge first attends to people who have been accompanied by lawyers. So, if you have a lawyer, that is a big advantage for you!
Pro Tip: Remember, in this situation, patience and calm is key.
What documents should I present?
To your first appointment you must bring your NTA and the documents they gave you at the border. If you do not have your NTA, you must ask the judge for a copy of that document. That is an essential document for an immigration lawyer to handle your case.
Now, looking ahead to your Asylum Interview, I want you to have everything in order. For that important moment, be sure to present the following documents:
1. Identification Document:
- Passports you may have.
- Other travel or identification documents.
- Form I-94, Entry/Departure Document, if you received it when entering the United States.
2. Original Certificates:
- Original certificates of birth, marriage or other documents.
3. Documents Related to your Application:
- Copy of Form I-589, Application for Asylum and Withholding of Removal, and any additional materials previously submitted.
4. Relatives Included as Derivatives:
If you included your spouse and children under 21 years of age on your application:
- They must bring any ID, travel document or other evidence of identity.
5. Certified Translations:
- Certified translation of any document that is not in English.
- Accompany any document in a different language with an English translation certified by the translator. The translator must certify his or her competence to translate the language used in the document into English.
Who should accompany me to the first date?
It is necessary that you bring your spouse and children who were prosecuted along with your case. On the topic of having a lawyer, don't worry if you don't have one yet. At the first appointment it is not mandatory, but if you already have a lawyer, it would be great for him to accompany you.
If you don't have one, you should know that the judge could ask you if you are looking for one. No problem with that! Actually, it's an opportunity for you. If you are in the process of finding a lawyer, you have the option of requesting more time.
In upcoming hearings, having legal assistance is crucial, since around 80% of cases that are presented to immigration court without lawyers end in deportation.
How will I communicate with the immigration judge if I don't speak English?
If you don't speak English, don't worry! In most courts, interpreters are available specifically for you to facilitate communication. You have every right to request an interpreter who speaks your language, thus ensuring that you understand every detail and can express yourself with complete clarity.
If you must bring and pay for your own interpreter to the immigration interview, it must meet the following requirements:
- The US government requires interpreters to be fluent in English and the language they will be interpreting.r.
- Must be over 18 years of age.
- They cannot be lawyers or representatives of the applicant.
- In asylum cases, the interpreter cannot be a representative or employee of the applicant's country of origin, or persons with a pending asylum application.
- They should not be witnesses in the applicant's case.
For more information about services and requirements for interpreters, you can visit the Interpreter Program or contact the Customer service from USCIS.
During the hearing, it is important to focus on listening carefully to the interpreter. It is essential that you continue to do so until the translation is completed. After the translation, respond in Spanish and wait patiently until the interpreter finishes translating for the judge. Although this process may seem slow, it is necessary to ensure accurate records of everything said during the procedure since all hearings are recorded.
What will happen during my first immigration court hearing?
At your first hearing, which is usually brief, the judge will ask you some initial questions about your case and schedule your next appointment. Here's the good news: you don't need to bring a lawyer and there's no reason to fear. In this first meeting, the judge will not make final decisions, so you can rest assured, you are not at risk of deportation.
Attending the hearing is crucial to avoid the risk of deportation. If you can't attend, contact the court to explain.
Also, during this first hearing, ask the judge if you should bring your children to the next appointment. Keep this practice of bringing them to each hearing until the judge tells you that it is no longer necessary.
In summary, attending your first immigration court date is crucial if you want to take the first steps towards obtaining political asylum. It may seem overwhelming, but losing this opportunity can be fatal. To successfully navigate this process, there are several factors to consider. These include ensuring you have all the necessary documents, arriving on time, dressing appropriately, and being aware of your duties and rights.
We have created this guide to assist you in preparing better for your journey towards obtaining your residence in the United States. However, it is crucial to note that the tips provided in this guide are not legal advice. They are simply suggestions that will help you become more empowered and guide you towards the right path. Remember that every detail matters, so stay focused and confident throughout the process. You're on your way to success!
