I was detained this past weekend at a checkpoint, when the officer asked about my legal status I claimed to be a citizen. However, I was unaware of it being a federal offense. Needless to say I was detained for two days. Because I had no prior offenses, I was released with an NTA removal proceedings. I have court this Monday January 5th. I don't know what to expect, it has been hard to find a lawyer with such short notice and holidays.
More details; I am married to a US citizen and I have a daughter with him. I also qualify for DACA, and have all my paperwork ready. I entered the US legally as a child just overstayed.
thank youI just found out that because I immediately retracted and stated I was unaware of it being a federal offense, also showing my ID from my country of origin, it was not presented as a charge I was released without bond, and the NTA did not have this charge stated.
You need to find an attorney ASAP. Keep in mind that you will not get in trouble if you show up to the 1st HEARING (only the first one) without an attorney; however, you need to hire one ASAP. The judge generally provides you a one-time extension to find an attorney. You have several issues that must be resolved including a possible "false claim of US citizenship". Several attorneys offer payment plans, but will require a decent amount be paid up front before making any type of appearance before the immigration judge.
Legal disclaimer: Mr. Zapata's response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Zapata's statement above does not create an attorney/client relationship.
You must find an attorney to represent you. The false claim is a big problem in your case. If you do not have an attorney that day ask the Judge to give you time to hire one.
You do need to retain competent legal counsel as soon as possible. If you are unable to secure an experienced attorney to accompany you by Monday, you need to ask the judge for a continuance.
Representing yourself to be a U.S. Citizen is a problem because there is no waiver but please retain a competent, experienced immigration attorney as soon as possible. You need to show up at all of your court hearings and on Jan. 5, the immigration judge will tell you to obtain representation.
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