Below, we explain to you, page by page, the information being requested. It is here that you must respond with accurate information relevant to your case.
To your left we have marked up the information needed in the heading, but remember the Immigration Judge will likely go through the contents of this document with you verbally. But just in case you are asked to fill this pleading out, we have explained the information contained in the heading.Â
Next, we will walk you through the numbered paragraphs.Â
Paragraph 2: These are important disclosures that the Immigration Judge must explain to you.Â
Paragraph 2a. This refers to a regulation, which is an interpretation of law. Don't get too worried about the difference because whether its a law or a regulation, the Immigration Judge has to follow these steps with you. (1) Advise of you of your right obtain an attorney. The Court will not hire one for you. So the attorney would have to be paid out of your own pocket. (2) Advise you of a list of charities that might represent you for free. The Immigation Judge must also give you a list of these charities nearby. (3) Make sure you know how to appeal the Immigration Judge's decision if he or she orders you removed from the country. (4) Explain to you that you have the right to call witnesses to speak on your behalf and to ask questions of witnesses DHS calls. (5) When you speak to the Judge you will be placed under oath to tell the truth and not lie. (6) Read the Notice to Appear (NTA) to you. See, that NTA is a really important document. (7) So important is the NTA that the Immigration Judge must make it an exhibit in your official record of proceedings.Â
Paragraph 2b. This requires the Immigration Judge to inform you of what happens if you don't show up for a scheduled Court hearing. In brief, you will be ordered removed from the country and give up your right to argue why you should be allowed to remain.
Paragraph 2c. This notice provides more information about what happens if you fail to appear. The most significant is that you cannot apply for an Immigration status for 10 years. That includes if you marry a U.S. Citizen or if you have an adult child who wants to petition for you.
Paragraph 2d. This is a warning against filing a frivolous asylum application. That means an application that has no merit or includes made up facts. This is a serious matter because if the Immigration Court determines you have filed a frivolous application, you will be permanently barred from any Immigration status in the United States. It's a big deal and under certain circumstances you could face criminal prosecution.Â
Paragraph 2e. This paragraphs informs you that you must notify the Immigration Court of any changes of address within five (5) days. This is important because, if you fail to tell the Court within five days and it schedules a hearing that you don't show up for, you will be barred from applying for benefits for 10 years.Â
At the moment it is well beyond the ability of these pro se help pages to get into all the details and nuances of all the potential asylum claims. In fact, what is provided here is only a very generalized overview. However, there is an exceptional resource on asylum that is free on the internet. You can find it at: https://immigrationequality.org/asylum/table-of-contents/ While this site is focused on members of the LGBTQ+ and HIV-positive immigrants, it has an excellent and easily understandable explanation of the asylum process and the nature of asylum claims.Â
if you do use the resource, I would personally ask that you make a small donation to keep them going. You will find the donate button on their home page. We need resources like Immigrationequality.org to survive and thrive.Â
This is a very important part of the pleadings. If the Immigration Judge is reading this to you, make sure you understand and are clear about which allegations you admit or deny. For instance, you may admit you are not a citizen of the United States if you know that to be true. You may also admit that you are a citizen of a different country. You would write on the first line where it says: "The respondent concedes the following allegation(s):_____" and then write the numbers 1&2. Or if the Immigration Judge is asking you whether you admit or deny the allegations. You would say to the Judge: "I admit the first two allegations."
But if you did not enter at Eagle Pass, which is the allegation in this example, or you were given a "parole document" you would list 3&4 number on the next line following "and denies the following allegations_____."Â
In this example the allegation is that the individual entered without a visa or permission. If that's the case, then the admission is yes, entered without permission. That concession allows the Immigration judge to order you removed. In the next line the Immigration Judge asks you to name the country where he or she should send you. If you are afraid to return to another country then check the box that says: "declines to designate a country and move onto paragraph 6. Â
Termination of Proceedings: This is a box that you check if you believe you should not be in front of the Immigration Judge. For instance, you are in a valid visa status (i.e. Visitor, Student, H1B, etc.), or that DHS did not properly serve you with a Notice to Appear (i.e. The NTA was missing a date and time).Â
Asylum: This box is checked if you are afraid of returning to your home country and wish to seek asylum. We will go over asylum claims in separate sections below.Â
Withholding of Removal: This box is checked if you are afraid to be returned to your country or there is some humanitarian reason that the Immigration Judge should not send you back to your country. This too will be discussed below.Â
Adjustment of Status: If you are somehow eligible for a Green Card, check this box. The Immigration Judge can adjust your status to Permanent Resident in some instances. If you are eligible for a Green Card, it really would be a good idea to find a lawyer to help you if at all possible. Getting a Green Card in front of the Immigration Judge can be complicated.Â
Cancellation of Removal: There are two forms of Cancellation of Removal. The first form is for people who have been physically present in the United States for 10 years without previously being placed in front of the Immigration Judge - in Removal Proceedings. This applies where you came in 10 years prior to being served with a Notice to Appear. There is an exception for people who were served with a Notice to Appear in the past, but that Notice did not have the date and time. We will discuss that in more detail below. But if you have been in the United States for more than 10 years and are put in front of the Immigration Judge then you can ask the Immigration Judge to cancel your removal if you can prove that removing you would be an "Extreme and Unusual Hardship" to a United States Citizen or Permanent Resident Spouse, Parent, or child under the age of 21 years. Proving Extreme and unusual hardship can be difficult.Â
The other form of Cancellation of removal is for permanent residents (Green Card holders) convicted of certain crimes that make them eligible to be removed, but may in the discretion of the Immigration Judge may have his or her removal cancelled. If you have criminal conviction, you really should try to find a lawyer to assist you. We will go over the legal standard for this relief below.Â
Waiver of Inadmissibility: A little like Cancellation of Removal, a waiver of inadmissibility allows an Immigration Judge to adjust your status to a Permanent Resident (Green Card holder), despite certain in eligibilities. But first and foremost, you must be eligible for a Green Card. That means, that you have relative (or in certain rare cases an employer) who has sponsored you for the Green Card. The most common situation is where you, you entered with a visa (but overstayed) and your spouse or child wants to file a petition ("the papers") for you. However, you need a special waiver because of a minor crime or because of some form of Immigration fraud in your past. The waiver is often referred to as an "I-601 waiver," which is the form number that is prepared. It is also sometimes referred to as a 212(h) waiver, which refers to the section of law. Â
Voluntary Departure:Â Voluntary departure is a special form of relief that allows you to ask the Immigration Judge to send you home without putting a removal (deportation) on your Immigration record. If you request voluntary departure, but don't leave there are some pretty significant consequences, which we will discuss further below. There are also some very special circumstances where voluntary departure might be a good choice. Those are situations where you are in a valid immigration status when you are placed in front of the Immigration Judge.Â
Other: Is a box to be checked where you have some other special form of relief to request in front of the Immigration Court. It is basically a catch-all section.Â
None: This box is checked when you have absolutely nothing to argue against your being removed from the United States. It is in effect telling the Immigration Judge to order your immediate removal.Â
If you need an interpreter make sure to indicate the dialect of the language with which you are most comfortable. Even if you are fluent in English you may want to have an interpreter on standby at your Individual Hearing.Â
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