We are already familiar with the functions of the United States Citizenship and Immigration Services (USCIS), the government agency responsible for processing legitimate immigration to the United States.
Now, who is in charge of court proceedings when an alien must appear before an immigration judge? Here USCIS cedes the field to the Executive Office for Immigration Review (EOIR), which oversees immigration court proceedings (deportation orders, appeals, etc.).
This agency is responsible, among other things, for conducting repatriation hearings to determine whether certain individuals should be deported. In these cases, the Department of Homeland Security (DHS) uses Form I-862 or NTA (Notice to Appear), the notice to appear in immigration court, which requests the individual to appear before an immigration judge.
Now, what exactly is Form I-862 and what is it for? Nuestros abogados expertos en Jaskot Law contestarán algunos interrogantes respecto al I-862 y su significado. And remember that we can also analyze your situation and give you the legal help you need to face the hearing. Contact us today at +1 (410) 235-6868 or via [email protected]..
Form I-862: What is it and what does it mean?
An NTA (Notice to Appear) or Form I-862 is a document issued by USCIS or the Executive Office for Immigration Review (EOIR), which notifies a foreign national who is in the country irregularly that he or she must appear before an immigration court to determine whether or not he or she should be deported.
As we will see below, in the same document you will find the date, time and place of thehearing at the immigration court, where you will have to present and defend your case before a judge. In addition, the document may include information about the immigration charges or violations against you.
The NTA or Form I-862 is the initial step in the deportation process of a foreign national to the United States. If you receive one, it is essential to appear before the immigration court on the specified date and time, and seek legal advice to understand your options and rights during the process.
We know that this is a document that can provoke fear among the migrant community, but it is extremely important not to panic and to know that, although it means that the regular deportation process has begun, you will have instances to defend your case and you may even be able to appeal the judge’s decision if it is unfavorable. So, if you have already received an I-862, stay calm and contact an immigration attorney immediately.
At Jaskot Law our lawyers have the experience and expertise in deportation proceedings to give you the legal help you need to face the hearing. Contact us today at +1 (410) 235-6868 or via [email protected]..
Form I-862 and how to read it
As mentioned above, an NTA or Form I-862 is the document that DHS sends to individuals to notify them that they must appear before an immigration court. This is the document that the U.S.government gives to people who believe they are in the country without permission. If you receive a Form I-862, it means that you will begin legal proceedings in immigration court, where you will have the opportunity to speak to an immigration judge about your case.
Therefore, if you have already received an I-862, it is important not to panic. You will have the opportunity to defend yourself. In addition, you can also apply for asylum in immigration court or with the U.S. Citizenship and Immigration Services (USCIS).
Stay calm and immediately contact a lawyer who can analyze your case and advise you on the best course of legal action. If you have received a Form I-862, do not despair. At Jaskot Law we can help you. Contact one of our attorneys at +1 (410) 235-6868 or through [email protected] and get the legal assistance you deserve.
What information does a Form I-862 show
On an NTA or Form I-862 you will find the following information:
- Your A Number, an 8- or 9-digit immigration identification that begins with the letter A.
- The date and address of your next immigration court hearing. There are cases where this information is not included. If so, check the immigration court system.
- The causes for which you are accused and the charges against you.
Recuerda que, aunque hayas recibido un Formulario I-862, tu información quizás no aparezca en el sistema de la corte de inmigración de inmediato, por lo que deberías revisarlo regularmente. Por eso, es muy importante que revises el sistema de la corte de inmigración con regularidad, ya que la fecha de tu audiencia puede cambiar.
También es aconsejable contar con un abogado de migraciones para que lleve tu caso y prepare una defensa competente para la audiencia. Nuestros abogados expertos en Jaskot Law cuentan con la experiencia y los conocimientos necesarios para darte la asistencia legal de calidad que necesitas para tu defensa. Comunícate con nosotros al +1 (410) 235-6868 o a través de [email protected] y recibe la asistencia legal que mereces.
Deportation or repatriation hearings are held to determine whether certain individuals should be deported from the United States. A deportation proceeding begins when the Department of Homeland Security (DHS) files Form I-862 with the immigration court, after having served the alien in question through the same document.
The outcome of repatriation proceedings depends on whether or not the alien is eligible for a waiver. Under immigration law, individuals who meet specific criteria may be granted relief from deportation.
In most of these hearings, however, individuals admit their deportability, but then have the possibility to apply for one or more forms of relief. Therefore, here are the three most common types of exemptions:
Bond Redetermination Hearings
There are cases in which the DHS may release an alien detained in custody after the alien pays a bond imposed by the Department of Homeland Security itself. A bond is a sum of money that is paid to avoid arrest and is forfeited if the person fails to appear at the scheduled statutory hearing.
After the bond is posted, the alien may apply to the immigration judge for a “bond hearing,” at which the immigration judge has the authority to redetermine the bond amount imposed by DHS.
A bond hearing decision may be appealed to the Board of Immigration Appeals (BIA), the administrative body with authority to interpret federal immigration laws. by both foreign nationals and DHS.
Suspension of Deportation Hearings
A suspension of deportation hearing is held to determine whether an alien in removal proceedings on Form I-862 is eligible for suspension of de portation under the Immigration and Nationality Act or the Convention Against Torture.
Immigration judges conduct a rescission hearing to determine whether a lawful permanent resident should have his or her resident status revoked for some inadmissibility ground overlooked at the time it was granted.
What types of relief are available against an I-862?
Once you have received a Form I-862, you can consider regular removal proceedings to have begun. However, you can still apply for certain types of relief to avoid having to leave the United States.
These types of protection are divided into two categories:
- Discretionary relief.
- Administrative or judicial protection.
These are two extremely important types of remedies, as they can save you from deportation. Therefore, here is a list of some of the protections against an NTA I-862.
You can apply for discretionary relief when deportation proceedings are underway. Please note that you will have to prove that you meet the requirements and meet the merits to be awarded.
Cancellation of deportation
If you are a lawful permanent resident, you can obtain cancellation of removal if you meet the following requirements:
- Have been a legal permanent resident for the last five years.
- Have resided continuously in the United States for at least seven years after being lawfully admitted.
- Not having committed any serious crime.
On the other hand, if you are a non-resident, the requirements you must meet in order to be granted cancellation of removal are:
- Have been present in the United States for the last ten years.
- Have been a person of good moral and civic character during such period.
- Not having committed any crime that could be grounds for deportation.
- Demonstrate that you have citizen or lawful permanent resident spouses and/or children for whom deportation would cause extreme hardship.
Under U.S. immigration law, you may be granted asylum if you qualify as a refugee. To do so, you must show that you are unable to return to your home country because of persecution based on your race, religion, nationality, membership in a particular social group or political opinion in the past, or a well-founded fear of such persecution in the future.
Also remember that, if you want to apply for asylum, you must send the following form Form I-589 (Application for Asylum and for Withholding of Removal) within one year of your arrival in the United States.
Adjustment of status
Adjustment of status is a type of relief in which your immigration status is changed from temporary nonimmigrant to permanent resident.
A petition for adjustment of status is generally filed by a spouse, relative or employer.
However, any of these facts could prevent you from obtaining an adjustment of status:
- Having committed a crime.
- Failure to appear in court
- Not having left the country after the term granted for voluntary departure.
Voluntary departure is often seen as a last resort. It is a useful means, as it allows you to leave the United States without suffering the consequences of a formal removal order.
Please note, however, that while you will not suffer the penalties of a deportation order and may attempt to re-enter the country legally after obtaining voluntary departure, voluntary departure does not guarantee that you will be admitted.
In addition, requesting a voluntary departure could work against you in the future, as it could be taken as a bad precedent.
You can read more about voluntary departure from the U.S. in our article on voluntary departure in our article on such relief from a deportation order.
Judicial and administrative protection
Administrative and judicial relief forms are available after the hearings are completed. They are similar to the appeal since they seek to revoke or challenge a ruling issued by an administrative judge.
Administrative appeals and injunctive relief
When an alien or the Department of Homeland Security (DHS) disagrees with an immigration judge’s decision, they may appeal to the Board of Immigration Appeals (BIA) to overturn it. Please note, however, that appeals must be filed within thirty days of learning of the immigration judge’s verdict.
If you are also dissatisfied with the BIA’s ruling, you may be able to appeal to the federal courts. Remember that you have thirty days from the date of the final judgment of deportation to file your appeal. However, filing a petition for judicial review is very complex and it is always advisable to consult with a qualified immigration attorney to learn how and to which authority to appeal a judgment.
At Jaskot Law we can help you. If you need to appeal an immigration judge’s ruling or have received a Form I-862, contact one of our attorneys and get the legal assistance you deserve. Call us today at +1 (410) 235-6868 or email us at [email protected].
In conclusion, Form I-862 is an important document issued by the Department of Homeland Security (DHS) to notify individuals that they must appear before an immigration court and face regular removal proceedings.
However, it is important to note that receiving an I-862 does not necessarily mean that a person will be deported. There are different legal options to protect yourself from deportation, such as applying for asylum, for example.
If you have received a Form I-862, it is critical that you contact a reputable immigration attorney who can analyze your situation and prepare a competent defense for the hearing.
At Jaskot Law we are committed to providing legal advice to people facing complex immigration processes. Contact us at +1 (410) 235-6868 or [email protected] to get the legal help you need and deserve.
Frequently Asked Questions
What is Form I-862 or NTA?
Form I-862 is a notice to appear before an immigration judge that the U.S. Department of Homeland Security (DHS) uses to request that an individual appear before an immigration judge to determine whether he or she is subject to deportation.
What should I do if I receive a Form I-862?
If you receive a Form I-862, it is important that you do not panic and immediately contact an immigration attorney who can help you with your case. You can also apply for asylum in immigration court or with the U.S. Citizenship and Immigration Services (USCIS).
What information is shown on Form I-862?
The Form I-862 includes your 8- or 9-digit immigration identification number, the date and address of your next immigration court hearing, and the charges against you.
Why is it important to review the immigration court system regularly?
It is very important that you check the immigration court system regularly, as your hearing date may change. It is also advisable to have an immigration lawyer handle your case and prepare a competent defense for the hearing.
How can I get legal help if I have received a Form I-862?
If you have received a Form I-862, you can get legal help by contacting a trusted immigration attorney. At Jaskot Law, our immigration attorneys can analyze your situation and provide you with the legal assistance you need to face the hearing. You can reach us at +1 (410) 235-6868 or via [email protected].