If you have received a notice to appear for a removal hearing, it’s clear that soon you will be removed from the United States. This may be the most stressful time in your life. But, understanding how to go about the process may make it easier for you to find a legal way to stay in the U.S. Your NTA have to specify the date and the court where you need to appear for the immigration removal hearing. But what happens if you can’t make it to attend your court hearing? The solution would be to have the set date changed. The change of date is done legally through filing a motion of continuance. To do this correctly, you need an immigration Chula Vista lawyer to help you understand the process.
Will The Judge Grant Me The Motion Of Continuance?
Your immigration removal hearing is typically the most important thing to you if you‘re about to be removed from the U.S. This is because you will have a chance to raise arguments in favor of being allowed to remain in the United States. At the same time, the judge is to decide whether you will remain or be deported to your country. The immigration judge can either grant you the motion for continuance or deny at his /her own discretion. To get a motion for continuance, the judge will require:
- You or your lawyer submit a written motion: This should be done before the set a date for your removal hearing. You may choose to indicate another date which you think may be appropriate. However, the immigration judge can choose the date he/she deems fit. An experienced lawyer will make sure to follow the procedures needed by the immigration judge.
- Explain why you a requesting a reschedule: You will need to attach the relevant documents explaining in detail why you need to be granted a motion for discontinuance. You need to convince the judge that if you attended the hearing, you or your immediate family member could suffer. For instance, you may have some doctor’s appointment letter showing that you need to seek the doctor on the scheduled day of the hearing.
If you do handle such a situation alone, you may not yield fruits. You may find yourself being barred from returning to the United States permanently. But, an experienced immigration lawyer can help you understand the circumstances surrounding motion for continuance.
What Can I Do If My Motion For Continuance Is Still Pending?
If the immigration judge has not ruled out whether to grant you a motion, you need to attend the removal hearing as scheduled. If you fail to do so, your case will be determined in your absence. This means that the immigration judge will order you to be removed. It will be so hard to reopen your case, once an order has been made. To avoid the hustle, you may consider looking for an experienced immigration lawyer to help you with the process of filing a motion for continuance.