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NTA Waiting for a time to be set since Sept 2011. Does it take this long to see a judge Or should i find another lawyer?

San Antonio, TX |

I am Married for 7 years now with US citizen with 2 children and I have been employed since the age of 16 I am now 24. No bad credit nor crimes committed (nor my husband)

I received a deportation proceedings letter at a time to be set and date to be set in Sep 2011.
This is my story :
2008 -When I applied to take the N-400 and at the time for the appointment I was told I was given my permanent residence as error from them. Therefore my Permanent Resident Card is not valid.Since I was adopted and according to them I was told that I was should have been adopted 2 years and then given a Permanent Resident Resident to the US but I was given one while only being adopted 1 year.
I had been instructed to file for adjustment of status and for my husband to petition for me. We did both
2010-At the time of appointment (letter read adjustment of status appt) we were taken to a supervisor who’s name is also in the letter, that only a judge can instruct me and decided to file those forms and apologized because the particular person in their office was new instructed me to file those documents. He said I would get my money back expect a letter for the court date and not to worry I would not need an attorney.
2011-Months passed and I received a check from them, a letter that my position has been approved and after 9 months I received the deportation proceedings letter
And i have seeked a lawyer immediately and still have been waiting for a time and date to set and I have a lawyer who i try to communicate with every 2 weeks or monthly.

2013- We seeked to do prosectuorial descretion but DHS said i had to see a judge and this NTA was the only way and they kept my NTA open...I am so frustrated because of my good work ethics and job opportunites that only allow us citizens and not being able to even apply.
I am wondering does it normally take this long to see a judge? Or should i seek and find another lawyer??? I just want to get out of this Limbo status and start to move on no matter either by my husband or parents i dont know....
NTA:They allege:
1. You are not a citizen of the United States
2. You are a native of MEXICO and a citizen of MEXICO
3. You were admitted to the United States at El Paso, TX on or about October 1, 1992 as an IR-2 child of a United States citizen;
4. At the time you intended to remain permanently or indefinitely in the United States;
5. You did not then possess or present a valid immigrant visa, reentry permit, border crossing identification card, or other valid entry document and you were not exempt therefrom.
On the basis of the foregoing, it is charged that you are subject to remacal from the United States pursuant to the following provision(s) of law:
See continuation page made a part hereof
Continuation page:Section 237 (a) (1) (A) of the immigration and Nationality Act, as amended in that at the time of entry of adjustment of status you were within one or more of the classes of aliens inadmissible by the law existing at such time, to wit: alien immigrants who are not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by the act or who are not in possession of a valid unexpired passport or other suitable travel document or identity and nationality document if such document is required by regulations issued by the Attorney General pursuant to Section 212 (a) (7) (A) (i) (I)

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Attorney answers 3


Yes, unfortunately, it can take years to go through the court process.

Yes, it appears that only an Immigration Judge has the authority to review your papers.

It appears that your lawyer is doing what he/she can .... given the fact that the court calendar appears to be quite full.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


I am sorry to hear of your long ordeal - dealing with government agencies can be frustrating.
Does it take this long for a court to issue you a first hearing date to see a judge? It can
Should you seek a new attorney? Nothing is preventing you from hiring with any attorney of your choosing. Are you having a hard time communicating with or reaching your current attorney? If the answer is "no," it could be your attorney is doing what they should and hiring a new attorney may or may not make a difference. You can also consult with a few other attorneys and see whether they provide the same advice as your current attorney.
You can also confirm that the NTA has actually been lodged with the court by calling them directly (although I would have to assume your attorney has done this already). If it has not, then the court has no way of knowing that you "exist" and you will NOT be receiving any hearing notice from them. If the NTA has been lodged with the court, you can then ask when they would be expecting to have your case on calendar.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


At the top of the paper is your alien registration number. It starts with the letter "A" and is followed by 9 digits. This is also referred to as your "A" number.

Call 1-800-898-7180 and follow the commands. This is the Immigration court automated system. It will let you know when your case is scheduled or if you missed a hearing.

Sounds to me like you should not be in deportation proceedings at all. USCIS may have made a mistake in denying your application. When the government makes a mistake and makes you a permanent resident, they have only five years to rescind the decision. If the rescission does not happen within five years USCIS cannot take away the permanent residency unless you committed fraud.

You need help from an experienced proactive attorney.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.