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 firstname.lastname@example.org 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.