FAQs

The deportation or removal process consists of at least two hearings before the immigration judge in immigration court. The deportation process entails you presenting yourself before the court and presenting the legal basis of your case that would permit you to stay in the United States.

Attorney Liza Galindo explains the deportation process in detail so you know what you can expect when going to immigration court.

Upon the issuance of a Notice to Appear (NTA), a foreign national faces deportation from the United States.  This deportation process is commonly called removal proceedings. The deportation process usually consists of two types of hearings before an immigration judge.  These two hearings are the master hearing and individual or merits hearings.

A Notice to Appear is a document issued by one of the immigration agencies that begin the deportation or removal proceedings against you once it is filed with the immigration court.

Attorney Liza Galindo explains in detail how the NTA initiates the removal proceedings against a foreign national.

A master hearing is the first hearing in the deportation process.  During this hearing, the foreign national appears before the immigration judge and must respond to the allegations and charges listed in the Notice to Appear (NTA). The foreign national may appear alone or if she or he can afford, they can appear with an immigration attorney who would speak on their behalf.  If the foreign national does not speak English, the immigration court provides the interpreter necessary. It is during this hearing that the foreign national must inform the judge of what relief is sought before the court to avoid deportation.

 Attorney Liza Galindo explains what you can expect to happen at a master hearing.

 It is referred to as an individual hearing because unlike a master hearing in which many foreign nationals are scheduled to appear at the same time, in a merit hearing there is only one foreign national, hence the reference to an individual.

Attorney Liza Galindo explains what you can expect to happen at an individual hearing and what the outcome of the hearing means for you.

A call up date is a deadline; it’s a date the immigration court gives a foreign national to submit the application and evidence of the relief sought.  This date is very important as failure to comply with the deadline could result in the court considering the application abandoned.

Attorney Liza Galindo explains what a call up date is and why it is important not to miss such a deadline in the deportation process in Spanish.

You can call the EOIR (Executive Office of Immigration Review) automated case information system at 1-800-898-7180 to find out some basic information regarding your case with the immigration court including the status of an appeal with the Board of Immigration Appeals. However, in order to obtain information about your case, you will need to provide your Alien Number or A Number.

In the United States, as a foreign national it is important for you to know what your alien number is. Your alien number is more commonly known as your A number which consists of nine digits usually in the A#123-456-789 format.

Generally, when you file for an immigration benefit before the United States Citizenship and Immigration Services (USCIS) or the Department of Homeland Security (DHS) begins the deportation process against you, they issue this 9 digit number to you. This number appears in almost all receipts and notices you receive from immigration.

Attorney Liza Galindo explains what the alien number is.

Unlike in criminal court, legal representation will not be provided to you if you cannot one afford one. The immigration court will give you an opportunity to retain legal representation, but you must be able to pay the attorney you choose.

While the legal representation will not be provided by the court, the immigration court will provide you with a list of charitable organizations that offer free or legal representation at little cost. However, as the demand is high with these organizations, you may find that you are not able to retain the representation you need in a timely manner.

A U.S. citizen can petition for their spouse, parent, child regardless of age and marital status and also for their brother or sister.

A lawful permanent resident, a person with a U.S. green card, can petition for their spouse and child so long as the child is and remains unmarried during the processing of the petition.

Yes, you generally are able to legalize your status and obtain your green card if you are married to a United States citizen no matter where you were married.  However, what determines the way you will get your lawful permanent resident status (green card) is based on your manner of entry to the United States.

Attorney Liza Galindo explains the two manners in which you may be able to obtain your green card based on marriage to a United States citizen or lawful permanent resident.

Generally yes, you and your spouse must attend an interview with immigration when your spouse has filed a relative petition on your behalf.  Immigration does offer special accommodations if your spouse is not able to physically be present.

The answer is generally no.  One must first be a lawful permanent resident before being eligible to filing for U.S. citizenship.  However, there is an exception for someone who has served in the U.S. military during a time designated as hostility (INA 329); such a person can apply directly for U.S. citizenship.

In order to become a United States citizen, you must first be a lawful permanent resident.  A relative can possibly help you become a lawful permanent resident.  A U.S. citizen spouse can help you be eligible for U.S. citizenship earlier rather than the standard 5 years of lawful permanent residence requirement, but you must still apply independently.

Attorney Liza Galindo explains how a relative can help you.

When hiring an immigration attorney, there are three factors you should consider when deciding who would be ideal to help you with your immigration need.

Attorney Liza R. Galindo explains what three factors you should at minimum consider when retaining legal counsel to represent you before immigration.

FOIA stands for Freedom of Information Act and refers to the section of law that permits one to request a federal agency to provide records on any topic. In immigration, a FOIA, is referred to a request a foreign national submits to immigration to request a copy of his/her file with immigration.

Yes. If you have ever filed anything with immigration or have had any encounter, it is highly advisable to do a FOIA with all possible agencies that may have a record. Immigration attorneys usually use and offer this service when a foreign national has had previous interactions with immigration or if they were ever stopped crossing the U.S. border as it is helpful in being able to determine and properly offer a legal recommendation.

 Attorney Liza Galindo explains what FOIA is and why it is important to do a FOIA with immigration.

It is advisable to get a re-entry permit if you plan on traveling frequently or if you plan on traveling for more than a year so that you can maintain your lawful permanent resident status.

Attorney Liza Galindo explains the risks associated with frequent and lengthy travel outside of the United States while having a lawful permanent resident status.

Attorney Liza Galindo explains this update in the immigration process when your green card expires and you file to renew it.