The most important thing if you receive a document summoning you to immigration court is not to ignore it: missing a hearing can result in a deportation order issued in your absence. Immigration court is an office of the Department of Justice where a judge decides whether a person may remain or must be removed, and it is different from USCIS. The case begins with a Notice to Appear, or NTA, which is not a deportation order but the document that starts the process. The person can respond to the charges and request relief if eligible.
- Missing a hearing can result in a deportation order issued in your absence.
- Immigration court is part of the Department of Justice and is different from USCIS.
- The NTA starts the case, but it is not a deportation order.
- The person can respond to the charges and request relief if eligible.
Introduction
If you received a document summoning you to immigration court, the most important thing is not to ignore it. Missing a hearing can result in a deportation order issued in your absence. This guide explains what immigration court is, how a deportation case works, and when it makes sense to have an attorney, and it is aimed at individuals and families across Florida. To speak with us, call 1-844-YO-PELEO or contact us.
At Vasquez Law Firm, a firm that practices only immigration law, we represent people in deportation proceedings across Florida from our Orlando office, and we also serve clients by phone and video call.
This text is general information and does not constitute legal advice. Laws, deadlines, and court practices change, and each case depends on its facts. That is why you should confirm dates and requirements against the documents you receive and with an attorney who reviews your situation.
What immigration court is
Immigration court is an office of the Department of Justice where an immigration judge decides whether a person may remain in the United States or must be removed. It is not the same as USCIS, which processes applications. Those who look for an immigration court lawyer almost always mean this tribunal, whose official name is immigration court and which is part of the Executive Office for Immigration Review (EOIR).
The process begins when the government files a Notice to Appear, known as an NTA, which explains the allegations and orders the person to appear before the judge. The NTA is not a deportation order: it is the document that starts the case, and the person has the right to respond to the charges and to request relief if eligible.
When you need an immigration court lawyer
A person who looks for an immigration court lawyer is usually in one of these situations:
- Received an NTA or a summons with a hearing date.
- Was detained by ICE or was released on bond or supervision.
- Lost an asylum case at USCIS and was referred to the judge.
- Has a prior deportation order, or missed a hearing.
- Is a permanent resident and faces immigration charges because of a criminal conviction.
In immigration court, the person has the right to be represented by an attorney, but unlike a criminal case, the government does not assign one. Neither the judge nor the government's prosecutor can advise the person about their options. That is why many people decide to consult an attorney from day one.
How a deportation case works in Florida
The course of a case usually follows these stages, although each one can vary:
- Notice to Appear. The government files the document with the court. It is important to check whether it contains errors or whether the court has your correct address.
- Master calendar hearing. Before the judge, the charges are answered and the relief to be requested is announced. Your attorney can admit or contest the charges.
- Applications for relief. Applications and evidence are filed, such as statements, documents, and witnesses.
- Individual hearing. The judge hears the testimony, evaluates the evidence, and makes a decision.
- Appeal. If the result is unfavorable, there is a short deadline to appeal to the Board of Immigration Appeals, so you should not wait.
Timelines vary widely depending on the court and the type of case, and we cannot predict them. Each person must confirm their dates against the documents they receive from the court. If you move, you must notify the court of your new address within the period stated in the instructions, because notices are sent to the last address on record.
The master calendar hearing is usually brief, but it is important. There the judge verifies your identity, asks whether you understand the charges, and gives you the opportunity to respond. If you go without an attorney, you can ask for time to find one, and it is common for the judge to grant a reasonable period. What is not wise is to ignore the case: an order issued in your absence can be very hard to reverse and can only be reopened in limited circumstances.
If you speak Spanish, you have the right to an interpreter at the hearing. Even so, it is wise for your attorney to review with you the content of each application and each statement in your language before filing, so that what you sign is accurate and complete.
Possible defenses and relief
What can be requested depends on each person's story. Some possibilities, depending on the facts, are:
- Asylum, withholding of removal, and protection under the Convention Against Torture, for those who fear returning to their country. You can read more on our asylum page.
- Cancellation of removal, which has different requirements for permanent residents and for those who are not, including time of presence and extreme hardship to relatives with status.
- Adjustment of status, for example through a citizen relative, if the person meets the requirements.
- Waivers, which can forgive certain grounds of inadmissibility. See our waivers page.
- Voluntary departure or administrative closure, in limited circumstances.
- Motions to reopen a case, when there was an in absentia order or the situation has changed.
An attorney reviews whether any relief is possible, what evidence is needed, and what risks each path carries. No defense is automatic, and we do not promise results.
Document checklist for your immigration court case
- The NTA, hearing notices, and any order from the judge.
- Passport, visa, I-94 record, and other identity documents.
- Documents of relatives with status: marriage and birth certificates and proof of citizenship or residence.
- Arrest history and copies of judgments, if there are any.
- Proof of your time in the United States, such as receipts, leases, or school records.
- Proof of ties to the community, such as letters from employers, school, or church.
- For cases of fear of returning: documents or news reports that support what you describe.
We work alongside the client's criminal defense attorney to understand the immigration effects of any criminal case. Do not worry if you are missing papers: your attorney will tell you what can be obtained and in what order.
Timelines and what to expect
The length of a case before immigration court depends on the court, whether the person is detained, the type of relief, and the tribunal's workload. EOIR publishes general information about the courts, but timelines change and cannot be predicted, so we do not give dates on this page. Your real calendar is the one that appears in the notices for your case.
What you can expect is a sequence of stages. The following table is a general outline that may vary in your situation.
| Stage | What happens | Who acts |
|---|
| Start of the case | The NTA is filed with the court | Government (DHS) and court |
| Master calendar hearing | The charges are answered and the relief is announced | Judge, person, and attorney |
| Preparing the relief | Applications, evidence, and statements are filed | Person and attorney |
| Individual hearing | Testimony is heard and evidence is evaluated | Judge and government prosecutor |
| Decision | The judge grants relief or orders removal | Immigration judge |
| Appeal | The decision is reviewed by the Board of Immigration Appeals | Person, attorney, and the Board |
How evidence and testimony are prepared
The individual hearing is the moment when the judge decides on the requested relief. To arrive prepared, the attorney and you must gather evidence that supports each element of the relief: documents, written statements, photographs, medical or school records and, where appropriate, witnesses and experts. Evidence must be filed within the deadlines set by the court and, if it is in another language, with a complete translation.
Your own testimony is central. The judge evaluates whether what you say is consistent with your documents and with what you stated earlier to other agencies. That is why it is important to go over your story calmly, be honest about dates you do not remember, and not exaggerate or omit facts. An attorney helps you anticipate the government prosecutor's questions and explain the sensitive points of your case clearly.
If someone is detained
When a relative is detained, the first questions are usually where they are and whether they can be released on bond. Bond eligibility depends on the applicable law and the person's history, and not everyone is eligible. If you want more information, see our page on immigration bond.
Have at hand the person's full name, date of birth, country of origin and, if you have it, the alien registration number (A-number). With that information it is usually possible to locate a detained person through ICE's online locator, and an attorney can request a bond hearing before the judge if the law allows it.
How to choose who represents you
Someone who searches online for a deportation attorney normally wants someone who speaks their language and understands the court system. To compare, we suggest asking:
- Whether the attorney is licensed with the Florida Bar, something you can verify on that organization's website.
- Whether the firm practices only immigration law and regularly appears before immigration courts.
- Who will handle your case, how you will receive updates, and in what language.
- What options and risks exist, without promises of results.
Be wary of notaries, consultants, or people who charge to fill out forms without being attorneys. In the United States, a notary cannot give immigration legal advice, and mistakes in court can be very costly. The Florida Bar's advertising rules limit how an attorney may advertise; the most practical approach is to ask about concrete work with the type of case you have and to ask for a clear explanation of the process.
Serving all of Florida
A deportation case can be frightening, but understanding the process reduces uncertainty. At the first consultation we review your documents, explain which stage comes next and what options might exist in your situation, without promising results.
Our only office is at 1111 E Amelia Street, Orlando. We serve people in Miami, Tampa, Jacksonville, Kissimmee, and other cities by phone and video call, and we receive clients in Orlando when it is convenient. Consultations are available in Spanish and English.
If your case involves fear of returning to your country, you can also read about asylum. To get started, have your court documents at hand and contact us.
Cost factors and fee breakdown
The cost of a deportation case depends on complexity, the type of relief, and the number of hearings, and it is made up of agency fees and legal fees.
| Item | Amount | Notes |
|---|
| Asylum application or other relief | Check USCIS for the current fee | Some applications are filed with the court and others with USCIS |
| Cancellation of removal | Check the court or agency for current fees | Review the EOIR instructions |
| Appeal to the Board | Check the court or agency for current fees | Has short deadlines |
| Immigration bond | Varies by case | Depends on the decision of the judge or ICE |
| Legal fees | Varies by case | Should be explained in writing before starting |
Fees and payment rules change over time, so you should verify the official information from the court and USCIS before paying. In some cases waivers may exist; your attorney will tell you whether they apply.
Ask for a written agreement that explains which hearings and processes the service includes and what would be charged separately. In a deportation case, that clarity is especially important.
Keeping an organized file of your case helps more than it seems. Keep copies of everything you receive from the court and the agencies, note hearing dates on a calendar, and give your attorney any new document that arrives by mail. If you change your phone number or address, notify both the court and your attorney right away, so you do not miss any important notice.
Common mistakes to avoid
- Not appearing at a hearing, which can result in a deportation order in absentia.
- Not notifying the court of a change of address within the deadline.
- Accepting a departure or signing ICE documents without understanding the consequences.
- Paying a notary or consultant who is not an attorney and who promises to resolve the case.
- Letting the deadline to appeal an unfavorable decision pass.
- Submitting evidence or statements that are not true.
When to call a lawyer
Call as soon as possible if you received an NTA, a court summons, a detention notice, or a deportation order, and also if a relative was detained by ICE. The sooner the case is reviewed, the more options there usually are to gather evidence and prepare a defense. Be careful with anyone who guarantees a result: the final decision belongs to the judge and no attorney can promise it.
About Vasquez Law Firm
Vasquez Law Firm practices only immigration law. Our only office is at 1111 E Amelia Street, Orlando, and we serve clients across Florida by phone and secure video call, with in-person meetings in Orlando. William J. Vásquez is the founding attorney of the firm. Consultations are offered in Spanish and English. Call 1-844-YO-PELEO or contact us to schedule a consultation.
Sources and references
Related services: deportation defense, immigration lawyers in Florida
Other ways to search for this help
People look for this help using different words. Related searches: immigration lawyers in orlando fl; immigration court lawyer.
This article is general information, not legal advice. Every case is different; speak with an immigration attorney about your situation.
