I got a notice to appear at the court regarding to me be removable, what I should do?

Asked over 5 years ago - Kent, WA

I'm F1came to US on Mar-05. I got married to US citizen 04-07. While the changing status case was pending, we divorced (11-07) and I and her withdraw the case. I've always maintained F1. I got first OPT work permit Aug-08 and now I'm working and waiting for the extent OPT. On Jun-09, I got a letter saying my married case was denied due to us withdrawing, also it had a incorrect info about my F1; it said my F1 terminated on Oct-05. I dub-check with school and was told I'm still F1 according to their record. I just got letter telling me go to court for removable issue. What is the chance I won't be removed? I have all I-20's to prove I never drop school. What I should do?

Attorney answers (1)

  1. Cynthia A. Irvine

    Contributor Level 7

    Answered . Just because you are being sent to removal proceedings does not mean you will automatically be removed (or deported) from the United States, but it is a very serious situation that you should handle cautiously. Anyone in removal proceedings should strongly consider hiring an immigration attorney, one who regularly does removal defense, to represent them. You should try to obtain all of the proof you can from your school that you have always remained in valid F1 status - including your transcripts to show that you maintained a full course load. Then take the information and consult with an immigration attorney who can review the Notice to Appear (the notice sending you to removal proceedings) with you and all of your paperwork. It is possible that if you truly are still in valid status that the proceedings could have been initiated in error and that they can be terminated. You absolutely must attend any court hearings that are scheduled for you because if you don't show up they will issue an order of removal without you being there. After consulting with an attorney, you can decide whether or not you wish to retain that attorney to represent you at your hearing or not. There is no obligation to hire an attorney just by having a consultation with them. But I would strongly recommend you try to hire an attorney as you will likely find the court hearings to be a confusing and difficult process to deal with on your own. Best of luck to you.

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