Frequently asked questions.
Frequently Asked Questions
Q: What is the difference between deportation and removal proceedings?
A: "Deportation" and "removal" refer to the same process — removal is the current legal term used in immigration court since 1996, while "deportation" is the older, still commonly used name for it. Both describe the government's effort to formally remove a noncitizen from the United States through proceedings before an immigration judge.
Q: What happens at an immigration bond hearing?
A: At a bond hearing, an immigration judge decides two things: whether a detained person is a flight risk or danger to the community, and if not, what bond amount will secure their release while the underlying case proceeds. It is a separate, shorter proceeding from the removal case itself and does not decide whether the person will ultimately be allowed to stay in the U.S.
Q: Can I still get bond if I have a criminal record?
A: It depends on the nature of the conviction. Certain offenses trigger mandatory detention under the INA, meaning no bond is available regardless of other factors. Others simply weigh into the judge's discretionary flight-risk and public-safety assessment. An attorney can review the specific charges and criminal history to determine what's realistically available.
Q: How long does an I-751 waiver take to process?
A: Processing times for I-751 waivers vary by USCIS service center and case complexity, and have ranged from roughly one to several years in recent cycles. Current processing times can be checked on the USCIS website, and an experienced attorney can help set realistic expectations based on the specific case type.
Q: Do I need a lawyer for immigration court?
A: There is no constitutional right to a government-appointed attorney in immigration court, unlike in criminal court — but having experienced counsel dramatically improves outcomes. Immigration law is complex and rapidly changing, and the government is always represented by its own attorney, so proceeding without representation puts a noncitizen at a significant disadvantage.
Q: What should I do if I receive a Notice to Appear (NTA)?
A: Contact an immigration attorney immediately. The NTA initiates formal removal proceedings and lists the charges along with the first hearing date. Missing that hearing can result in an in-absentia removal order, so confirming the date, time, and courtroom — and getting representation before appearing — is the priority.
Q: How does a criminal conviction affect an immigration case?
A: The immigration consequences of a criminal conviction depend heavily on the specific offense, how it's classified under the INA, and the noncitizen's current status. Some convictions trigger mandatory removal or bar relief entirely, while others may be waivable. Anyone facing criminal charges who is not a U.S. citizen should get immigration-specific advice before accepting any plea agreement.
Q: What areas does Marton Immigration Law serve?
A: Robert Marton represents clients in removal defense, family-based immigration, asylum, and citizenship matters, with experience before immigration courts, the Board of Immigration Appeals, and federal courts of appeals, including the Ninth Circuit.