What Happens in Immigration Court?
August 14, 2024
Immigration courts are specialized courts within the U.S. Department of Justice where immigration cases—called “removal proceedings”—are decided by immigration judges. Unlike federal or state courts, immigration courts focus specifically on cases related to immigration laws and regulations. Currently, there are over 60 immigration courts in the United States, including the Kansas City Immigration Court.
Key People in Immigration Court
- Immigration Judge: The immigration judge presides over the hearings, makes determinations on evidence and legal arguments, and decides the outcome of the case. Immigration judges are appointed by the Attorney General and are responsible for ensuring the proceedings are conducted impartially.
- Respondent: The respondent is the individual facing removal proceedings. The respondent can be represented by an attorney or choose to represent themselves.
- Immigration Attorney: A defense attorney represents the respondent in immigration court, providing legal advice, presenting evidence, and making arguments on their behalf. Having an immigration attorney who is experienced in immigration proceedings is crucial as immigration law is complex and the stakes are high. One study estimated that immigrants who are represented by an attorney are 5 times more likely to win their case than people who do not have an attorney.
- Government Attorney (Trial Attorney): Representing the Department of Homeland Security (DHS), the government attorney is responsible for presenting the case against the respondent. Their role includes demonstrating why the respondent should be removed (deported) from the country or why their application for relief should be denied.
- Courtroom Clerk: The clerk manages the administrative aspects of the court, including scheduling hearings, maintaining records, and assisting with the filing of documents.
- Interpreter: Immigration courts are required to provide an interpreter to respondents who need them. The interpreter help ensure that all parties understand each other. Their role is vital in making sure that individuals who do not speak English can understand the proceedings and present their case effectively.
The Process in Immigration Court
- Initiation of Removal Proceedings: Immigration court proceedings begin when a Notice to Appear (NTA) is filed with the court and served on the respondent. This document outlines the charges under the law and reasons for removal or other actions
- Master Calendar Hearings: The first type of hearing is a master calendar hearing, where procedural matters are discussed, This hearing is often brief and focuses on scheduling and preliminary issues rather than substantive matters.
- Individual Merits Hearing: In the individual merits hearing, the respondent presents their case in detail. This involves submitting evidence, calling witnesses, and making legal arguments. The government attorney also presents evidence and arguments supporting the case for removal or denial of relief.
- Decision: After the evidence and arguments have been presented, the immigration judge will give their decision. This could involve granting relief, such as asylum or cancellation of removal, or ordering removal from the United States. In some cases, the judge may issue a written decision later, rather than delivering it from the bench.
- Appeals: If the respondent disagrees with the judge’s decision, they have the right to appeal to the Board of Immigration Appeals (BIA). The BIA reviews the case and the judge’s decision for legal errors and can either uphold, modify, or overturn the decision. Further appeals can be made to federal courts.
Immigration court proceedings can be complex and emotionally taxing but understanding the basics of the process can help demystify what happens and prepare you for what to expect.
A 1940 law, the Alien Registration Act, requires all foreign nationals age 14 and older who will be in the U.S. for 30 days or more to register and be fingerprinted. Adults must always carry proof of registration, and noncompliance may result in fines, imprisonment, or removal proceedings. Although historically unenforced, the Trump administration began enforcing it on April 11, 2025, through a new online process using Form G-325R. Those required to register include many noncitizens not previously documented, such as Canadians without Form I-94, undocumented immigrants, and children turning 14. Registration does not confer legal status and may expose individuals to legal risk, so consultation with an immigration attorney is advised. Certain groups, like lawful permanent residents and visa holders already registered, are exempt. Registration is completed online, followed by a biometrics appointment, and results in a digital proof of registration.
The Violence Against Women Act (VAWA) provides a vital lifeline for survivors of abuse seeking independence and safety in the United States. This blog explores the courage it takes to break free, the protections available under VAWA, and the hope it offers for a brighter future. Martinez Immigration Law LLC in Kansas City, MO, is committed to helping individuals secure their legal rights and build a new life free from fear.
Temporary Protected Status (TPS) offers a critical safeguard for individuals from designated countries facing crises. This article explores the benefits of TPS, who qualifies, how to apply, and why having legal support can make all the difference.
Seeking asylum in the United States offers protection to those fleeing persecution. Learn about the eligibility requirements, application process, and legal rights available to asylum seekers in this informative guide from Martinez Immigration Law LLC.
In the United States, victims of certain crimes are often left feeling powerless and vulnerable. The legal system, however, provides an important tool for these victims: the U Visa. This visa is designed to not only help victims of qualifying crimes but also to allow them to assist law enforcement in investigating and prosecuting criminal activity. By offering a pathway to legal status, the U Visa provides protection and an opportunity for healing, empowerment, and a new beginning for those suffering. At Martinez Immigration Law LLC in Kansas City, MO, we ensure victims’ voices are heard and their rights upheld. We will break down the U Visa and its vital role in protecting victims of crime. What is the U Visa? The U Visa is a special non-immigrant visa created by the Victims of Trafficking and Violence Protection Act of 2000. It is designed for victims of specific crimes who have suffered mental or physical harm and who are willing to assist law enforcement in the investigation or prosecution of those crimes. The U Visa provides a pathway for temporary legal status in the U.S. for up to four years, possibly extending it for an additional period under certain circumstances. One of the most important aspects of the U Visa is that it allows victims to remain in the U.S. safely while also encouraging cooperation with law enforcement efforts to prevent crime and bring criminals to justice. Qualifying Crimes for the U Visa The U Visa applies to victims of a range of serious crimes, including but not limited to domestic violence, sexual assault, human trafficking, and other violent crimes such as kidnapping, extortion, and abusive sexual contact. It also covers certain crimes like witness tampering and trafficking of children. To qualify for the U Visa, the applicant must have been a victim of one of these crimes and have suffered substantial physical or mental harm. The victim must also be able to help law enforcement or government officials investigate or prosecute the crime. This collaborative effort between victims and law enforcement is essential in fostering community safety and justice. Eligibility Requirements for U Visa Applicants To be eligible for the U Visa, victims must meet specific criteria. First, they must be a victim of a qualifying crime that occurred in the United States or violated U.S. laws. Second, they must cooperate with law enforcement or government agencies in the investigation or prosecution of the crime. This cooperation can include providing evidence or testifying in court. The victim must also demonstrate that they have suffered substantial physical or emotional harm as a result of the crime. Lastly, the victim must have a certification from a law enforcement agency confirming their assistance in the investigation or prosecution. This certification is a crucial component in the U Visa application process, and a qualifying law enforcement official must complete it. The Benefits and Protections of the U Visa The U Visa offers numerous benefits and protections for victims of crime. The most significant benefit is living and working legally in the United States while the applicant’s case is pending. This allows victims to regain their independence and safety without the fear of deportation or legal status issues. In addition, U Visa holders may eventually apply for a green card, providing them with the opportunity for permanent residency in the U.S. The U Visa also extends protections against deportation, ensuring that victims can remain in the country while their case is resolved. Moreover, U Visa holders are eligible for certain public benefits, including health care and victim support services, helping them recover from the trauma they have endured. The U Visa is a critical tool for victims of crime to rebuild their lives and seek justice while ensuring their safety. It protects vulnerable individuals and encourages cooperation with law enforcement, strengthening communities and fostering justice. If you or someone you know has been the victim of a qualifying crime, it’s important to understand your rights and the protections available through the U Visa program. At Martinez Immigration Law LLC, we are dedicated to guiding victims through the complex immigration process and ensuring their voices are heard. If you have questions or need assistance with your U Visa application, don’t hesitate to contact our experienced team in Kansas City, MO, for the support and legal representation you deserve.
President Trump's #immigration plans include directing the U.S. military to the southern border, reinstating #RemainInMexico and trying to end birthright citizenship, none of which will make America safer. Read more from @AILANational leadership: https://bit.ly/3PKGpTG
A Notice to Appear (NTA), also known as Form I-862, is a document made by the U.S. Department of Homeland Security (DHS) when they think someone can be kicked out of or not allowed into the United States. Once DHS gives this form to an immigration court, the court has power over the case, and the process to decide if the person should leave the country starts. At the end, an immigration judge will say if the person has to go or if they can stay. This flyer provides an introduction to the form. For more information, please contact one of our immigration attorneys at (816) 491-8105
What is myUSCIS? myUSCIS provides a personalized account to help you navigate the immigration process. On myUSCIS, you will find: Up-to-date information about the application process for immigration benefits; Tools to help you prepare for filing and help finding citizenship preparation classes; and Information to help explore your immigration options.
Form I-693 is a required medical exam and vaccination record for U.S. green card applicants to ensure they are not inadmissible due to health issues. Only USCIS-approved civil surgeons can complete it, which includes tests for diseases, mental/physical disorders, drug addiction, and required vaccinations. The form must be submitted in a sealed envelope and is valid indefinitely if signed on or after November 1, 2023. Immigrant visa applicants outside the U.S. follow a different process. Starting December 2024, it must be submitted with the green card application, or USCIS may reject it.
Can I apply for U.S. citizenship through employment-based immigration?