If you missed your hearing in immigration court, the Immigration Judge will
order you deported “in absentia,” that means he will order you deported for not
showing up. However, there are
exceptional circumstances in which the judge may reopen your case and continue
the proceedings.
If you are facing a deportation crisis in Georgia, contact Kuck Immigration
Partners. Charles Kuck is the past National President of the American
Immigration Lawyers Association (AILA) and the past President of the Alliance
of Business Immigration Lawyers (ABIL).
Call 404-816-8611 to schedule a consultation with a deportation
attorney in Atlanta. Until then, read on to learn the answers to six FAQs about
missed immigration hearings:
1. What “exceptional
circumstances” could convince the Immigration Judge to reopen my case?
Here are a few examples of exceptional circumstances that may convince
the Immigration Judge to reopen your case:
·
You were not notified about the hearing, meaning
that the Court sent you a notice via mail but you did not receive it at no
fault of your own;
·
Your immigration lawyer provided ineffective
assistance of counsel, meaning that he or she did not tell you the date of your
hearing, and this caused you to miss it; or
·
A medical complications can also be considered
an exceptional circumstance – for example, if you were in the hospital on the
day your hearing took place and it was not physically possible for you to
attend.
2. Did the Court mail me a copy
of my hearing date?
You can find out if the Court mailed a copy of your hearing date by
filing a Freedom of Information Act (FOIA) request, or by physically going and reviewing your
immigration court file.
3. What if my immigration lawyer
did not inform me about the hearing date?
If your immigration lawyer did not inform you about the hearing, you
should discuss your case with an experienced deportation attorney who can
explain your circumstances to the Immigration Judge. However, these types of
motions to reopen a case are easily denied if you do not follow the Court’s
guidelines for them.
4. What if I missed the hearing
due to medical complications?
If you missed your hearing due to medical issues, your experienced deportation
attorney can use your medical record to argue that your case warrants a second
chance.
5. What if I forgot my hearing?
If you forgot your hearing, did not want to attend the hearing, or
changed your address but did not notify the Court, then it will be difficult to
get your case reopened. However, this may still be possible if you have circumstances
that warrant the judge looking at your case.
6. How Can a Deportation
Attorney Help?
Many people who face immigration hearings do not hire legal counsel
because they believe there is no way they could stay in the United States, or
that the judge will help them if they have a sympathetic story. However, these
assumptions are often untrue, and hiring an experience deportation attorney
comes with a multitude of potential benefits such as:
·
Your attorney can help you apply for
cancellation of removal;
·
Your attorney may be able to show that you are
in fact a U.S. citizen if you have a U.S. citizen grandparent or parent;
·
Depending on your situation, your attorney may
request that the judge grant you relief from deportation
·
Your deportation lawyer may argue that you
qualify for asylum;
·
If you are facing criminal charges, your lawyer
can argue that the charges are not grounds for removal based on U.S.
immigration laws; or
·
Your deportation lawyer can argue that your
family or other ties, or good moral character would convince the DHS to close
your case.
If you would like to speak with an immigration lawyer in Atlanta, contact
Kuck Immigration Partners. Call 404-816-8611 to schedule a consultation.
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