US Immigration Lawyer

Immigration lawyers serving Seattle, Everett, Tacoma, Bellingham, Blaine, Burnaby, Coquitlam and Vancouver experienced with adjustment of status, immigration court, green cards, work visas, family visas, marriage visas and business immigration.

Thursday, March 01, 2007

Seattle Immigration Court & Port Court at the United States Border with Canada



If a person seeks to enter the United States but is deemed inadmissible by Customs and Border Protection at a Port of Entry (such as, Surrey, Blaine, Abbotsford, Sumas, Lynden) or Pre-Clearance at an International Airport (such as, Vancouver International YVR, Seattle SEATAC, Portland, San Francisco), that person will be refused / denied entry to the U.S. and may be placed in removal / exclusion proceedings in front of an immigration judge. In many cases, the person will simply be barred from reentry to the U.S. with no opportunity to appear in front of a judge under a process known as Expedited Removal. In expedited removal cases, it may be possible to return to a Port of Entry to be placed in removal proceedings, although this is not recommended unless advised by an experienced immigration attorney.

If the government opts to initiate removal / exclusion proceedings, it will serve the person with a Notice to Appear (NTA) and return the person to their country of nationality. Often, the Notice to Appear will not have a definite date set for the first hearing, it will merely say 'Date to be Set.' It is very important for the recipient of a Notice to Appear to notify the government of any changes in address as soon as possible, otherwise any subsequent notices setting defined dates may not be delivered, and this may result in the person failing to appear and thereby barring themselves from U.S. immigration benefits for a long period, possibly forever.

Seattle Immigration Court - 1000 2nd Ave, Seattle WA

For British Columbians, the Seattle Immigration Court operates a Port Court on Fridays at the Canadian border. Hearings are held above the U.S. Immigration offices at the Peace Arch Border Crossing in Blaine, WA. In each case in front of an immigration judge there will generally be two hearings - a Master Calendar Hearing and an Individual Calendar Hearing. At the Master Calendar Hearing, the Department of Homeland Security will have counsel present, and the Respondent (the defendant alien) must be present. The judge will ask the respondent if he or she waives a reading of the allegations and what relief is being sought. The respondent will have an opportunity to admit or deny any of the allegations (birth place, nationality, purpose of entry to the U.S., any criminal or immigration violations, intention to commit a crime, criminal convictions, admissions, etc.) and may agree to 1) proceed to the Individual Calendar hearing to discuss the merits of the case or 2) seek to terminate the case either by withdrawal of the application to enter the U.S. or 3) concede removability and accept voluntary departure.

Port Court at the Peace Arch Border Crossing - Blaine, Washington

Immigration court can be an opportunity to overcome an unwarranted exercise of power at the border or to seek relief after an immigration violation or filing error. It can also be a place where coincidental facts can go undefended and create enormous immigration problems for those unprepared to prove their innocence. The proceedings move very quickly and immigration law is very complex and frequently changes. It is advised that anyone who is placed in immigration proceedings consult with a lawyer who has experience in front of the specific court involved.

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