Few documents land in a family's mailbox with the weight of a Notice to Appear (NTA). It means the U.S. government has started removal proceedings, what most people still call deportation. For families across Goose Creek, Summerville, Moncks Corner, and the Charleston, SC area, the next 30 days will set the tone for everything that follows.
This guide explains what your rights are in removal proceedings, what you should do immediately, and what mistakes to avoid. It is general information, not legal advice, every case is different, and most demand attention from an immigration attorney as quickly as possible.
Your Rights in Removal Proceedings
You have the right to remain silent. You have the right to be represented by an attorney, at your own expense, since immigration court does not provide one. You have the right to review the government's evidence, to present your own evidence, to call witnesses, and to appeal an unfavorable decision.
You also have the right to ask the immigration judge for a continuance to find counsel. Most judges in the Charlotte Immigration Court, which hears Charleston-area cases, will grant at least one continuance for that purpose. Use it.
What to Do in the First 30 Days
Read the NTA carefully. Confirm that your name, address, and the allegations are correct. If your address is wrong, file Form EOIR-33 with the immigration court to update it. Missing a hearing because notice went to the wrong address can result in an in-absentia removal order.
Gather every immigration document you have: prior applications, approval notices, denials, court records, and identity documents. Make copies. Keep originals in a safe place. Bring everything to your first attorney consultation.
Potential Defenses and Relief
Depending on your circumstances, you may be eligible for cancellation of removal, asylum, withholding of removal, protection under the Convention Against Torture, adjustment of status, a U or T visa, or voluntary departure. Each form of relief has its own eligibility requirements and deadlines.
Some forms of relief, like asylum, have strict one-year filing deadlines that may already be running. Do not assume you have time. Talk to an attorney now.
Common Mistakes to Avoid
Do not skip a hearing. Do not sign anything ICE gives you without first speaking with an attorney. Do not pay a notario or non-attorney for legal advice, they cannot represent you in immigration court, and bad advice has destroyed countless cases.
Do not leave the U.S. while your case is pending without first confirming with an attorney that doing so is safe. In most cases, it is not.
Frequently Asked Questions
Removal proceedings are the highest-stakes legal process most families will ever face. The good news is that thousands of people each year successfully win their cases or secure lawful status through a defense raised in immigration court. The first step is getting real legal help, fast.
If you or a family member in Goose Creek, Summerville, Moncks Corner, or anywhere in the Charleston, SC area has received a Notice to Appear, contact Alvarez Benavidez Law today for a confidential consultation.
Marcia A. Alvarez Benavidez, Esq.
Immigration Attorney
Marcia is a bilingual immigration attorney serving families across Goose Creek, Summerville, Moncks Corner, and the greater Charleston, SC area. Former Federal Court Deputy Clerk with deep experience in family-based petitions, removal defense, and naturalization.
