Can you go to immigration court without a lawyer?

Can you go to immigration court without a lawyer?

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Deportation is the most feared scenario when it comes to immigration. Although rejection is unlikely after completing a series of steps to apply for a visa or permanent residence, there are countless scenarios for which it is worth being prepared, so the main thing is knowing that it is possible to appeal.

Although we already addressed this topic in a previous article, the focus this time is to provide some guidance on the cases that reach the immigration court. To avoid mistakes, having a specialized lawyer is always recommended since many laws and procedures could serve as support.

Despite this, adequate advice is not always available, or the best relationships between the lawyer and their client are not established. Although it is a right worth taking advantage of, there are cases in which it is possible to represent yourself in court. Below, we provide context and recommendations.

Challenges of going to court without attorney representation

In general, there is no legal obligation to have an attorney to defend an immigration case in court. However, it is highly advisable to seek legal advice due to the intricate nature of the American immigration legal system.

Going to immigration court without an attorney can have several significant consequences. But if there is no other way, it is best to anticipate possible scenarios to address them correctly. Here are some important considerations for facing immigration court without the help of an attorney:

Submit the correct forms

Most immigration cases involve the presentation of forms and precise documentation that form a file.

As we have indicated on previous occasions, the United States Citizenship and Immigration Services (USCIS) is responsible for processing all immigration-related applications. Its official website presents the forms corresponding to different cases in great detail, but the information is so extensive that understanding it could be confusing for those who do not know the terms in depth.

Not being familiar with the requirements and necessary forms increases the risk of making mistakes or providing incorrect information. And this, as you might expect, could delay the case’s progress or even lead to the application being rejected.

Lower probability of success

Immigration courts follow rigorous legal procedures, as well as specific laws and rules that must be followed. Lawyers are trained precisely to comply with these procedures and work strategically to achieve success for their clients.

An experienced immigration attorney knows how to present the case effectively. They also have the ability to present intelligent arguments in defense of the interests and rights of their client. Without a professional, difficulties arise in establishing a solid defense, decreasing the chances of success in court.

Adverse consequences

Another aspect to consider is that if the immigration court rules against someone representing themselves, the consequences can be severe, including the possibility of a deportation order.

Instead, an attorney can help explore alternative legal options with a greater likelihood of success. Among them, request immigration relief, appeal or file a motion in the event of an unfavorable decision.

Advantages of being represented by a lawyer in court

It is a fact that the immigration system is notoriously complex. Not content with this, the conditions of the world and the United States in particular are constantly changing, which influences waiting times, laws, and the resources available for defense.

A well-trained immigration attorney stays up to date on the latest laws and regulations. This is an essential point for the outcome of any case. Without an attorney, you risk overlooking legal rights and options that, even if simple or little known, could make a difference in the case’s outcome.

At Kannan Law, we understand immigrants’ struggles in the US, so we strive to educate the public in as many contexts as possible. However, each case has its particularities, and we are here to advise and provide support and high-quality legal representation to those who need it. Tell us about your case, and we will help you.