The answer is YES.
What will happen the first time I go to Immigration Court?
Your first hearing is the Preliminary Hearing. This is also called a Master Calendar Hearing. An Immigration Judge will be there and so will a government lawyer who is trying to deport you. The Immigration Court will also provide a translator for you, if you do not speak English. If there is no interpreter, ask for another hearing with an interpreter. Your lawyer should attend all hearings with you.
Can I ask for more time to find a lawyer?
Yes. You can ask the Immigration Judge for more time to find a lawyer, but the judge has the discretion to say no.
What will happen at my first hearing?
If the judge does not allow you more time to find an attorney, the judge will proceed with the case. The first step in your case is to discuss the allegations on your Notice to Appear, also referred to as an NTA. It has important information such as why the government wants to try to deport you. It may also list the date and place of your hearing. The judge will ask you to admit or deny the allegations on your NTA, and you must be prepared to plead to those allegations. Check your Notice to Appear carefully. If information on the Notice to Appear is incorrect, tell the Judge. Proceeding to this step without an attorney could have a detrimental effect on your case, especially if the information is incorrect on your NTA. The judge will then likely give you a date to file all your applications for relief and ask you to come back for another preliminary hearing, or could ask you to come back for your final hearing.
How do I know if I have a hearing scheduled?
Your NTA should list the time and place of your hearing. You can also check the court’s automated system by inputting your Alien number to this link: https://acis.eoir.justice.gov/en/ Sometimes, your NTA has a time and place listed, but it does not appear online. In that case, you should go to the court at the time specified by your NTA and ask the clerk if your case is moving forward.
What happens if I do not go to my hearing?
This is a big mistake. If you do not go to your hearing, you will be ordered removed in absentia. This means that you can be deported from the U.S., even though you never appeared in court, as long as the court has proof you have received notice of your hearing date.
When in doubt, consult with an attorney!
