Going to court without lawyer, under removal proceeding

[gc2012 1]

I am writing on behalf of my friend. In Feb 2011 he fell out of status and in April he applied for reinstatement. He received NTA from ICE and got a court date of Feb. On first hearing he was given more time to get a lawyer and his date is on Tuesday the 10th. He has not been able to find a lawyer yet. He contacted a lawyer who had no time and suggested my friend to just go without a lawyer and ask for more time from the judge.

is it that easy? can he get in trouble?

[Operator 1,927]

So in 5 months he hasn't been able to find a lawyer?

Seems to me the judge was generous and gave him time, the court may not be as generous the second time.

[JohnR! 5,495]

I am writing on behalf of my friend. In Feb 2011 he fell out of status and in April he applied for reinstatement. He received NTA from ICE and got a court date of Feb. On first hearing he was given more time to get a lawyer and his date is on Tuesday the 10th. He has not been able to find a lawyer yet. He contacted a lawyer who had no time and suggested my friend to just go without a lawyer and ask for more time from the judge.

is it that easy? can he get in trouble?

Yes, he can get in a lot of trouble because not knowing the law he may end up volunteering information which may br best kept to himself. That is the reason courts suggest and ask that you have your lawyer present; to avoid the countless appeals that clog our system, filed by those who did not know what they were saying was actually more damaging than helpful.

[canadian_wife 1,822]

Please keep us posted on this case. Arriving to the immigration hearing without a lawyer is a bad idea, how could he not have found a lawyer? Did he try 1 and then stop?

Good luck

[gc2012 1]

Yes, he can get in a lot of trouble because not knowing the law he may end up volunteering information which may br best kept to himself. That is the reason courts suggest and ask that you have your lawyer present; to avoid the countless appeals that clog our system, filed by those who did not know what they were saying was actually more damaging than helpful.

Agreed! He wont represent himself but asking for more time is what he is looking for. Although his case is really simple and he has applied for OPT last month too while his reinstatement is under process. He also has the I797 for that. USCIS is just ridiculous in its process and reinstatement is taking more than year and half.

Although USCIS process and court process are totally different, i am hoping he can convince the judge that he is not trying to play with the law. The lawyer he contacted told him he can't represent him on that day. Lawyer is from free legal service list provided to him by the court. She suggested him to just ask the judge for some more time and update her.

[gc2012 1]

Please keep us posted on this case. Arriving to the immigration hearing without a lawyer is a bad idea, how could he not have found a lawyer? Did he try 1 and then stop?

Good luck

When he saw the judge last time she was very understanding. I hope she is the same again. Out of status, no money and in removal proceedings, it's just too hard to be able to find free representation.

[JohnR! 5,495]

When he saw the judge last time she was very understanding. I hope she is the same again. Out of status, no money and in removal proceedings, it's just too hard to be able to find free representation.

That's what friends are for...

[gc2012 1]

That's what friends are for...

I see ur dog winking at me while i read ur comment lol... but immigration process is extremely expensive and free representation list provided by court is a waste. I was looking if someone has experience in this but i guess we just need to wait til 10th

[LIFE'SJOURNEY 970]

Nothing is stoping him frm going home, so why is USCIS just ridiculous? Poor and out of money, usually means it's time to go home. Who was paying for his education, he was on a student visa correct, couldn't thse same people assist with the fee for a lawyer.

Also he had to be out of status for a while inorder to land on I.C.E pick-up list, so how was he surviving while he was out of status.

Edited July 6, 2012 by LIFE'SJOURNEY

[gc2012 1]

Nothing is stoping him frm going home, so why is USCIS just ridiculous?

USCIS is ridiculous in processing. A reinstatement case for over 16 months is ridiculous. U can't really say take it or leave it. A rightful resident has a right to question. He is just out of status, not a criminal or terrorist. Anyone can make a mistake. In his case his school shutdown. Please don't pass judgements.

Poor and out of money, usually means it's time to go home. Who was paying for his education, he was on a student visa correct, couldn't thse same people assist with the fee for a lawyer.

Most kids on student visa have limited amount of money and expect to start making some income once they graduate. But if for any reason it doesn't go based on the plan then u will go broke. Parents are supporting as much as they can but after all this hard work no one just wants to pack bags and leave. No money doesn't mean time to go home, he has been living on parents money for 16 months and he can't just leave US either coz then he will be barred to come back. It's a court procedure and needs to be followed.

Also he had to be out of status for a while inorder to land on I.C.E pick-up list, so how was he surviving while he was out of status.

His school shutdown and he went out of status, he transferred to a different school and eventually finished his program successfully and applied for OPT.

[LIFE'SJOURNEY 970]

A student visa to a school in the US is not a right to residence, the US government is looking to the parents of these students to support them thru their years of education on a student visa.

These are the cases that hurt those who comes behind them who wish to be granted the same opportunity to student in the US, but they are denied.

What accredited University/College shuts down without notice?

Edited July 6, 2012 by LIFE'SJOURNEY

[gc2012 1]

A student visa to a school in the US is not a right to residence, the US government is looking to the parents of these students to support them thru their years of education on a student visa.

Its not a right to residence but as long as a person stays in the country he has equal rights. Most kids come here to study and to get opportunity to work. I was same and most like me are same. I came on F1 and then received H1B and work, nothing wrong in it. Parents and kids r prepared for educational expense but every once in a while case like this happens and its distressing. No one can be prepared for their kids to go on Out of status and keep a reserve to support for several years. Of course he can just go back, but he chooses to fight to get legal, which is not wrong and he is managing it.

These are the cases that hurt those who comes behind them who wish to be granted the same opportunity to student in the US, but they are denied.

What accredited University/College shuts down without notice?

Again we are swaying away from real topic.

[LIFE'SJOURNEY 970]

This is the same things the Judge and USCIS appointed lawyers will state, easier to hear it now than when he is sitting in that court room.

[canadian_wife 1,822]

Equal rights to what? I was in the US on a student visa and I know I didn't have equal rights to anyone or anything.

If he successfully applied for OPT, then what's the problem? He finished his program and completed his OPT, I guess I am just curious as to what reasons he was put into removal proceedings?

A student visa is a non-immigrant visa, he should have expected to go home afterwards. I am sorry for his situation but I've been there, and I went home. H1b (like you were on) is dual intent, meaning the US government expects you to stay, F-1 they don't

Good luck

[aaron2020 11,651]

I am writing on behalf of my friend. In Feb 2011 he fell out of status and in April he applied for reinstatement. He received NTA from ICE and got a court date of Feb. On first hearing he was given more time to get a lawyer and his date is on Tuesday the 10th. He has not been able to find a lawyer yet. He contacted a lawyer who had no time and suggested my friend to just go without a lawyer and ask for more time from the judge.

is it that easy? No. can he get in trouble? Yes.

gc2012

Posted Yesterday, 03:29 PM

View PostLIFE, on 06 July 2012 - 03:01 PM, said:

A student visa to a school in the US is not a right to residence, the US government is looking to the parents of these students to support them thru their years of education on a student visa.

Its not a right to residence but as long as a person stays in the country he has equal rights. Most kids come here to study and to get opportunity to work. I was same and most like me are same. I came on F1 and then received H1B and work, nothing wrong in it. Parents and kids r prepared for educational expense but every once in a while case like this happens and its distressing. No one can be prepared for their kids to go on Out of status and keep a reserve to support for several years. Of course he can just go back, but he chooses to fight to get legal, which is not wrong and he is managing it.

These are the cases that hurt those who comes behind them who wish to be granted the same opportunity to student in the US, but they are denied.

What accredited University/College shuts down without notice?

Again we are swaying away from real topic.

When you start making comments about how USCIS is ridiculous when your friend is ignoring US laws, then you get responses from Americans who don't like guests who ignore our laws and then have a friend label our system as ridiculous. You started this. How do you think Americans feel when we let foreigners in to take advantage of our educational system with their promise to leave afterwards only to have them violate our laws? That's ridiculous, and not our response to a person who is essentially an unwelcome guest. It is ridiculous that your friend is remaining in the US illegally after he promised to leave when he was finish with school in order to obtain a student visa. Now, we have to spend US taxpayer's money to deport him. He is wasting our money. He is making it harder for other students to get visas. Now, who is ridiculous?????

If you hadn't started disparaging our system, then you might not have gotten the negative responses above.

Furthermore, a foreign citizen who is a guest of the US does not have the same right as a US citizen. Do I have the same rights as you if I was a guest in your home?????? Would my rights be equal to yours????? It is ridiculous that you think a foreigner has the same rights as a US citizen in the US. Would you expect the Indian government to treat a foreigner with the same rights as an Indian citizen???? I suspect you would be offended if someone told you your government was ridiculous for enforcing its laws and enforcing the promise the foreigner made to leave.

Edited July 7, 2012 by aaron2020