It is to your lifetime advantage if you go to Immigration Court if you received a Notice to Appear (NTA). Some aliens with no immediate immigration relief disregarded the NTA they received in the hope that they can get away from it. The truth is that it is better to go to the immigration hearing because there are many benefits available if they are represented in court by an immigration attorney. Aside from immigration relief available unknown to the alien, the new policy of the Immigration and Customs Enforcement (ICE) may allow the alien to stop the proceedings under the ICE power of “prosecutorial discretion”
Question: What is a Notice to Appear (NTA)?
Answer: An NTA is a charging document stating that the alien must appear before Immigration Court to answer allegations of removability or deportability. It has the same effect of a warrant of arrest wherein the alien is required to appear in court. If the alien failed to appear in court, he will be deported in his absence. Once deported in absentia, he or she could not immigrate or adjust status unless his or her case is reopened on appeal.
Question: What is the ICE power to stop the removal proceedings?
Answer: The new memo of ICE Director on June 17, 2011 authorized ICE officers to stop the removal proceedings of an alien, or grant a continuance until the alien become eligible for relief at a later date or grant a deferred action wherein an alien can get a work authorization.
Question: What should I do if I received an NTA?
Answer: The first thing to do is to consult with an experienced immigration attorney who will discuss with you the options and the whole strategy from the beginning to the end of the removal proceedings. You may qualify for any of the following options: (1) filing for asylum, (2) cancellation of removal, (3) waiver of inadmissibility or (4) adjustment of status (5) seek a prosecutorial discretion from ICE for a deferred action or parole-in-place. If these options are not available, they may be available at a future date.
Note: This is not a legal advice.
Immigration news
• On December 22, 2011, we received an approval of a waiver of misrepresentation from the Immigration Court for an alien who entered as single but is actually married.
• On November 7, 2011, we received an approval from the Immigration Court for waiver of misrepresentation for a person who entered the US as single but is actually married. The person can now apply with naturalization.
• On October 25, 2011, we received an approval of adjustment of status for an alien who was originally deported in absentia.
• On September 22, 2011, we received an approval from USCIS for adjustment of status using cross chargeability that enabled the beneficiary to use the worldwide priority date (which is faster) instead of the Philippines priority date.
• On August 30, 2011, we received an approval from Immigration Court of an adjustment of status for an alien who was previously denied by USCIS.
• On July 28, 2011, we received an approval of adjustment of status for an alien who entered the US without valid documents but qualified under Sec. 245(i).
• On July 21, 2011 we received an approval for withholding of removal in Immigration court for an old lady who could not come back to her country because of political situation.
• On June 28, 2011, we received an approval in Immigration Court for an adjustment of status. The applicant was previously denied on the I-130 petition because they did it without an attorney. We filed a second I-130 petition that was approved based on good faith marriage.
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Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. His offices are located at 17057 Bellflower Blvd. Suite 205, Bellflower, CA 90706 and 1290 B Street, Suite 205, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone (562) 461-1355 and (510) 538-7188.
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