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Writer's pictureBennett & Harker

Can an attorney help me prepare documents for immigration court without going to court with me?

Immigration courts around the U.S. are plagued by heavy caseloads and long wait times for hearings. In Oregon, hearings are often scheduled two to three years in the future. As a result, immigration attorneys are increasingly unable and/or unwilling to take on removal defense cases at the initial stages, given that it may be years before the immigrant is schedule to go to court. However, many immigrants reasonable want to hire an attorney to help them as early as possible, especially with document filings that may be due before the next court hearing.


In the past, it was very difficult for immigration attorneys to appear at court with a client or submit documents to the immigration court on a client’s behalf without agreeing to represent the client for the duration of their case, even if the case could potentially go on for years. Because not all attorneys are willing to agree to these terms, many immigrants were forced to appear at preliminary hearings and submit documents without the help of a lawyer.


However, in 2022, the immigration courts rolled out a new program, by which attorneys can prepare and submit documents, like asylum applications or applications for other forms of relief, on behalf of immigrant clients without appearing in court or agreeing to take on a case for years. This means that more immigrants will have access to affordable representation, and attorneys will have flexibility to take on more cases, in a more limited scope.


The attorneys at Bennett & Harker represent clients in removal proceedings, in both a limited capacity and in removal hearings. If you have an open case in immigration court and need legal representation, please contact us!

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