Need lawyer - About to lose my Green Card – I was given “Notice to Appear” (very bad) at border – 5 months outside US - Need a good Immigration LAWYER - HELP

[mandalagreencard 3]

Please recommend an experienced immigration lawyer to handle my case in front of judge.

 

I’ve had a green card (LPR) for many years and was out of the US for 5 months this time (and also out of the US for 7 months just before that, not great, I know).

 

At the land border to enter the US, they sent me to secondary inspection: they wanted to take my green card (10 year LPR car) which I refused. I was blocked there for 5 hours.

 

They then gave me a “Notice to Appear” (NTA) in front of an immigration judge in 1 month where I can defend myself.

 

Can someone please recommend an experienced immigration lawyer to handle the case?

(ideally not too far from the immigration court which is Hartford, Connecticut, but I guess lawyers from other neighboring states could represent me there too…)

 

It was not a pleasant experience.

 

Any help in getting an experienced lawyer would be greatly appreciated.

 

Thank you in advance,

 

 

 

 

 

 

[Family 4,025]

Though I do not have a local referral for you, keep in mind that attorneys can do telephonic appearances for everything from Master Calendar to Individual Hearings. Please make sure you talk to at LEAST 3 attorneys, before you retain ( pay one)…it’s worth it…and let them DO the talking with you asking relevant questions. 
 

First, great job on refusing to sign I-407! You have rights, glad you did not cave in to pressure or scare tactics! https://www.aila.org/File/Related/18110604b.pdf
 

 

DON’T panic to retain until you are comfortable both with your budgets and their strategies . You CAN show up by yourself to the first Court Hearing and ask for time to obtain counsel, and WILL be granted. 
 

Are you comfortable sharing the sec of law on your NTA ? If it was purely for being absent for 5 months ( even prior absences), then it’s not as bad as you are fearing…and the burden is on the government to prove not only that you “ abandoned” but also your “ intent “to abandon….not going to happen! 

Here is some helpful info from a very  easy read, credible source :

https://cliniclegal.org/resources/absences-are-too-long-and-how-cure-them

 

If there are other issues , such as past criminal convictions, then it’s important to find an attorney with experience specific experience. See the questions you could ask the attorneys you interview from this high profile fellow https://www.google.com/search?q=norton+tooby+criminal+defense+of+immigrants&ie=UTF-8&oe=UTF-8&hl=en-us&client=safari

 

 

 

 

 

 

[Crazy Cat 41,981]

1 hour ago, mandalagreencard said:

Please recommend an experienced immigration lawyer to handle my case in front of judge.

 

I’ve had a green card (LPR) for many years and was out of the US for 5 months this time (and also out of the US for 7 months just before that, not great, I know).

 

At the land border to enter the US, they sent me to secondary inspection: they wanted to take my green card (10 year LPR car) which I refused. I was blocked there for 5 hours.

 

They then gave me a “Notice to Appear” (NTA) in front of an immigration judge in 1 month where I can defend myself.

 

Can someone please recommend an experienced immigration lawyer to handle the case?

(ideally not too far from the immigration court which is Hartford, Connecticut, but I guess lawyers from other neighboring states could represent me there too…)

 

It was not a pleasant experience.

 

Any help in getting an experienced lawyer would be greatly appreciated.

 

Thank you in advance,

 

 

 

 

 

 

I would be prepared to provide evidence that you took normal actions to maintain your residency.....good luck.

[Family 4,025]

You can also immediately file FOIA s from USCIS and CBP ( as your attorney will need them and you can save yourself a chunk of legal fees for these ) reasons for request “ in removal proceedings/ record review “ ( hopefully the6 will expedite processing)

https://www.cbp.gov/site-policy-notices/foia

https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act
 

And begin to prepare documentation such as : 
Social Security Earnings https://www.ssa.gov/myaccount/

Print your credit reports 

Request copies of financial statements ( banks, credit accounts…utilities, cell phone, car payments, insurance, leases , , medical records)  …worth the price of paying for a few years of statements 

etc …

 

[Boiler 45,673]

You need a Lawyer familiar with abandonment and who has tried cases, they are few and far between 

[mandalagreencard 3]

4 hours ago, Family said:

Though I do not have a local referral for you, keep in mind that attorneys can do telephonic appearances for everything from Master Calendar to Individual Hearings. Please make sure you talk to at LEAST 3 attorneys, before you retain ( pay one)…it’s worth it…and let them DO the talking with you asking relevant questions. 
 

First, great job on refusing to sign I-407! You have rights, glad you did not cave in to pressure or scare tactics! https://www.aila.org/File/Related/18110604b.pdf
 

 

DON’T panic to retain until you are comfortable both with your budgets and their strategies . You CAN show up by yourself to the first Court Hearing and ask for time to obtain counsel, and WILL be granted. 
 

Are you comfortable sharing the sec of law on your NTA ? If it was purely for being absent for 5 months ( even prior absences), then it’s not as bad as you are fearing…and the burden is on the government to prove not only that you “ abandoned” but also your “ intent “to abandon….not going to happen! 

Here is some helpful info from a very  easy read, credible source :

https://cliniclegal.org/resources/absences-are-too-long-and-how-cure-them

 

If there are other issues , such as past criminal convictions, then it’s important to find an attorney with experience specific experience. See the questions you could ask the attorneys you interview from this high profile fellow https://www.google.com/search?q=norton+tooby+criminal+defense+of+immigrants&ie=UTF-8&oe=UTF-8&hl=en-us&client=safari

 

 

 

 

 

 

Thank you so much for this!

i will read the references you sent.

 

3 hours ago, Crazy Cat said:

I would be prepared to provide evidence that you took normal actions to maintain your residency.....good luck.

Thank you very much. I will do. 

[mandalagreencard 3]

3 hours ago, Family said:

You can also immediately file FOIA s from USCIS and CBP ( as your attorney will need them and you can save yourself a chunk of legal fees for these ) reasons for request “ in removal proceedings/ record review “ ( hopefully the6 will expedite processing)

https://www.cbp.gov/site-policy-notices/foia

https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act
 

And begin to prepare documentation such as : 
Social Security Earnings https://www.ssa.gov/myaccount/

Print your credit reports 

Request copies of financial statements ( banks, credit accounts…utilities, cell phone, car payments, insurance, leases , , medical records)  …worth the price of paying for a few years of statements 

etc …

 

Thank you for your input. I will do that. 

[mandalagreencard 3]

2 hours ago, Boiler said:

You need a Lawyer familiar with abandonment and who has tried cases, they are few and far between 

Is there a way to figure out who the best lawyers are?  Something like reviews or ratings for immigration lawyers, maybe ?

 

thank you for your input!

[Family 4,025]

Well, here is what a top of the line immigration attorney would look like, she’s pretty much litigated all the way to the Supremes:
 

https://www.tolchinimmigration.com/attorney-profile/stacy-tolchin/

 

But you can ask attorneys if they routinely practice removal defense ( appear in EOIR court a lot) , if they are experienced with BIA  appeals , and who they work with if / when they challenge cases at the Appeals Circuit Courts. 

you ask the right question, you will be able to gage their expertise and experience based on the answers…and of course be able to prepare a budget for fighting ALL the way ….

 

Here is one who offers “ free consultation “ and a podcast specific to abandonment. https://www.jqklaw.com/ilp015---legal-analysis-of-challenges-to-claims-of-abandonment-of-lawful-permanent-resident-status.html

 

New York is amazing for big non profits offering pro bono removal defense for ALL and has excellent Clinics at the Law Schools, , so good luck and start googling! 
 

 

[mandalagreencard 3]

6 hours ago, Family said:

Well, here is what a top of the line immigration attorney would look like, she’s pretty much litigated all the way to the Supremes:
 

https://www.tolchinimmigration.com/attorney-profile/stacy-tolchin/

 

But you can ask attorneys if they routinely practice removal defense ( appear in EOIR court a lot) , if they are experienced with BIA  appeals , and who they work with if / when they challenge cases at the Appeals Circuit Courts. 

you ask the right question, you will be able to gage their expertise and experience based on the answers…and of course be able to prepare a budget for fighting ALL the way ….

 

Here is one who offers “ free consultation “ and a podcast specific to abandonment. https://www.jqklaw.com/ilp015---legal-analysis-of-challenges-to-claims-of-abandonment-of-lawful-permanent-resident-status.html

 

New York is amazing for big non profits offering pro bono removal defense for ALL and has excellent Clinics at the Law Schools, , so good luck and start googling! 
 

 

Thanks a lot, again. It’s really appreciated. 
 

I’ll do my research. 
 

 

[Lemonslice 4,887]

https://miracoalition.org/ is a great resource.  I would reach out to them to ask if they know of a similar group in your area.

Consulate also has a list of lawyer, might point you in the right direction. Best of luck.

[C&I 18]

Hello @mandalagreencard

 

Could you share your experience? What happened with the NTA? Did you appear in court? What is the outcome?

 

Many thanks