J. Molina Law Firm

Evidence in Immigration Court

Once you are in Immigration Court you have responsibilities and rights. One of the most important rights you have is the right to present evidence in Immigration Court to prove your case. An immigration court can ask for all kinds of things and documentation, and it is your statutory right to present your own witnesses at court, as well as to present evidence on behalf of your case. 

Some examples of the evidence that you can present are expert testimony and professional evaluations, to testify on your behalf, and to cross examine opposing witnesses, among other. The evidence that is required to be presented may differ depending on the process you have, like Cancellation of Removal. 

In Cancellation of Removal, it must be proven that you have continuously resided in the United States for 10 years. Evidence in Immigration Court to prove this could be medical records, health or life insurance, record of paychecks, or business, tax, or school records, driver’s license, lease documents, receipts of purchases, bank records, social security statements, utilities bills, among others.  

You also need to show that you are worthy of staying in the U.S. as leaving would cause “exceptional and extremely unusual hardship” to your U.S. Citizen or Resident spouse, children, or parents and that you have good moral character. This can be proven with police records, psychological evaluations, medical records, letters, and affidavits. 

Whether you have a Cancellation of Removal case or you are trying to stay in the U.S. with another type of relief, there is always evidence requested if you want to prove that you should stay in the U.S. and avoid deportation. 

In some cases, and especially with the assistance of qualified immigration attorneys, you could get creative as to what sort of evidence to show or propose to the Immigration Court and preserve your way of living. Get the help of an expert and hire an attorney today! 

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