At your full hearing, called your “Individual Hearing,” the Immigration Judge will speak first. The government lawyer will also be there and will likely argue that the judge should deny your application and remove you from the U.S.
You will go next. The judge will question you about your case and your life.
Then the government lawyer will question you. Be sure to tell the truth. If you have any criminal charges or convictions, the Immigration Judge will want to know that you are sorry for what happened and that you will not get into trouble again.
It is also important to be polite to the judge, sit up straight in your seat, and try to look your best. Look at the judge when you are answering his or her questions. Be sure to speak loudly and clearly so that the recording of the hearing will be clear. You should ask the Immigration Judge if you can make a statement at the beginning or the end of your testimony.
When the judge has finished asking you questions, be sure to tell the judge anything else you think is important about your case and your life.
The government lawyer will have a copy of your full criminal record, including police reports, and will want the Immigration Judge to know about it. Usually, it is better to tell the judge yourself about your criminal record, so that the judge is not surprised to hear about other convictions from the government lawyer when they are asking you questions. You can explain what happened for each conviction and why these events will not happen again in the future.
It will not help to tell the judge that you did not commit any crimes and that your lawyer told you to plead guilty. It is important to accept responsibility for your record. Your criminal case is over and the Immigration Judge cannot change it.
You should get a copy of your criminal record so that you are prepared to talk about every arrest in your criminal history. Even charges that were dismissed are things the Judge and government lawyer can ask you about. It is very important that the judge believes you are telling the truth. If the judge thinks you are lying about anything, you could lose your entire case. Be honest.
After you testify, your witnesses will come next. You will have to ask your witnesses questions. They cannot just get up and speak, although it is possible that the judge will ask them questions, as will the government lawyer. To prepare, you should write out all of your questions before the hearing. At the hearing you can read or look at your written questions so you will not forget. You can ask each witness if he or she has anything else to tell the judge about why you deserve a second chance.
Make sure that your witnesses know the dates that important things happened in your life. For example, your employer should know the dates of your employment, and your spouse should know dates of important events in your life together.
Usually, the government does not have any witnesses. If he or she does, you have the right to question them.
You have the right to object to any documents that the government lawyer may try to give the judge if it would be unfair or untrue. Ask to see the document and take time to review it. Ask the judge for your own copy of the document. If you do not understand the document or what it means, tell this to the judge.
The judge will decide the case at the end of your hearing. After you and all the witnesses have spoken, the Immigration Judge will usually decide the case. The Judge may, however, postpone the decision for another date.
