Legal Question in Immigration Law in Florida

removal, notice to appear

I have a notice to appear at an immigration court for a conviction of a crime of moral turpitude that happened 20 years ago. this court hearing is the first and was told by an attorny that I need to apply for a waiver, however I filed a motion in the criminal court to have the case vacated whitch I did and I got the charges dismissed. do I still need to showup at the immigration court? what do I need to do next? how long it will take to clear this up? when will I be able to apply for citizenship? thanks


Asked on 5/02/07, 3:33 pm

3 Answers from Attorneys
Michael Stewart Michael D. Stewart

Re: removal, notice to appear

You should stay with your attorney on this one.

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Answered on 5/02/07, 3:47 pm
Tina Willis Tina M. Willis, P.A.

Re: removal, notice to appear

The fact that you received a notice to appear from the immigration court means that you are in removal proceedings. The immigration court is completely separate from the criminal court. You MUST appear or they will order you to be removed from this country. You need an immigration attorney. There are non-profit agencies that will represent you for lower cost if you cannot afford a regular attorney. But somehow you need to find an attorney or face major risk of going home. The immigration court is serious business and they do not fool around. You need to appear with counsel. Good luck.

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Answered on 5/02/07, 4:01 pm
Kenneth Forman Kenneth Alan Forman P.A.

Re: removal, notice to appear

You absolutely must appear otherwise you will be ordered removed in abstentia. You also need to be aware that in some situations the government can still seek to have you removed even if the criminal case has been vacated

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Answered on 5/02/07, 7:08 pm


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