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Immigration

Chhabra & Gibbs, P.A. > Blog Posts  > Immigration (Page 3)

Notice to Appear – What’s the Big Deal?

Notice to Appear Immigration

The United States government initiates removal proceedings through a Notice to Appear (“NTA”). The Immigration and Nationality Act governs what the NTA must contain in Section 239 of the Act. The NTA is what alerts someone of the charges the government is bringing against them. All NTAs must state the nature of the proceedings, meaning what conduct the government is alleging that gives them the authority to remove them from the United States. The NTA must also state the legal authority governing the proceedings. This means the government must point to specific sections of the law that describe how the...

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How Do Most People End Up In Removal Proceedings?

Removal Proceedings

At the end of the third quarter of 2019, the Executive Office for Immigration Review released statistics showing that their agency had a backlog of over 930,311 cases. Almost all of these people had dealings with a branch of the Department of Homeland Security at one point or another. DHS has three different offices dealing with immigration and enforcement, and those are U.S. Citizenship and Immigration Services (USCIS); U.S. Customs and Border Protection (CBP); or U.S. Immigration and Customs Enforcement (ICE). Each of these sub-agencies serves a different function, but any of the three can issue a Notice to Appear,...

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What To Do After You Missed Your Immigration Hearing

Immigration Hearing

Thousands of people appear for hearings in front of the Executive Office of Immigration Review daily. Many of those people drive long distances requiring them to wake up well before dawn to ensure they make it to their hearing. The importance of attending your hearing cannot be overstated, because if you miss your hearing you may be ordered removed “in absentia.” The term “in absentia” is a way of saying you failed to appear at the hearing, so the Immigration Judge can order your removal. If you miss your hearing, depending on the reason why you missed it, you could have...

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Right To A Lawyer In Removal Proceedings

Right to Lawyer

According to the Immigration Court Practice Manual, the government has no duty to provide a lawyer to anyone in removal proceedings. The government will provide someone in removal proceedings a list of pro-bono legal providers or non-profits that they can contact to ask for representation, but the government will not provide counsel for anyone facing deportation. Also, some state bar associations have sub-committees or sub-sections that offer free legal assistance to those in immigration proceedings. Many people are confused by this because, in the criminal context, you have a right to be represented by a lawyer. This means the government will...

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What Are Removal Proceedings?

Removal

If you or a loved one are in removal proceedings, it means the federal government is trying to deport you from the United States. Deportation means the government will physically remove you from the United States. Sometimes, the proceedings can look and feel like a criminal trial, but removal proceedings are civil in nature. This means that the Immigration Judge cannot sentence you to serve a sentence in federal prison. An Immigration Judge can, however, order you to be removed from the United States after the proceedings. Removal proceedings occur under the administration of the Department of Justice or DOJ. The...

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Social Media & Immigration

Social Media and Immigration

On Wednesday, September 4, 2019, the Department of Homeland Security announced in the Federal Register that they would soon begin collecting social media user identifications, such as a person’s usernames, identifiers, or handles. DHS announced in the rule that they would not collect any passwords. Finally, the Applicant would only be forced to disclose any social media user identifications that they have used in the past five years. The Department also stated the reasoning behind this increase in the collection of data was to help validate an applicant’s identity information and to determine whether such travel or grant of a benefit...

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The Green Card: What Is It, And How Does It Work?

Green Card

People from all over the world would die to have one. It is tough to get and can be an expensive process. Only a select few ultimately obtain it. I am talking about the Legal Permanent Residence (LPR) card or green card. The term green card is actually a misnomer because while the card used to be a green color, it is not green anymore. The card or document acts as proof of a person’s status in the United States. Generally speaking, there are multiple ways for a person to obtain a green card. Someone could get one through a U-visa,...

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How Will a Border Wall Help?

Border Wall

The number of undocumented people living in the United States has continued to decline from 2016-2017. According to a study from the Center for Migration Studies, this marks the seventh consecutive year that visa overstays outnumbered illegal border wall crossings. Most people obtain a visa from an overseas U.S. consulate. A visa is an official endorsement which certifies that the visa applicant has been examined and is permitted to seek admission to the United States at a designated port of entry. Two different types of visas exist: Immigrant and non-immigrant visas. A non-immigrant visa is issued to a foreign national...

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Countries and Clients Represented

Countries Represented

As of today, our Immigration Team have represented individuals from 28 countries and have represented different clients at 17 Immigration Courts! The following of countries that we have represented: United States, Cameroon, Eritrea, Ivory Coast, Ghana, India, Yemen, Egypt, Palestine, Pakistan, Afghanistan, Nepal, Bangladesh, Australia, Cuba, Mexico, El Salvador, Honduras, Nicaragua, Philippines, Sri Lanka, Israel, Guatemala, Panama, Venezuela, and Ecuador. The following Immigration Courts we have represented clients in: Memphis Immigration Court, Boston Immigration Court, New Orleans Immigration Court, Aurora Immigration Court, Los Angeles Immigration, Adelanto Immigration Court, Batavia Immigration Court, Otero Immigration Court, Atlanta Immigration Court, Stewart Immigration Court, Oakdale Immigration...

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