Q: Do judges ever require ppl to demonstrate he or she is trying to better themselves by learning something? Is it common?
If so, for a someone who doesn't speak English or doesn't speak really well, would working on learning the language demonstrate good faith? Perhaps as a means to finding more work opportunity, for example.
In general, No! Judges must focus primarily on the requirements for an immigration benefit. Also, whether a foreigner meets at least those requirements.
Note that for other immigration benefits, outside of the immigration court, it depends upon for what purpose. For example, a person who is a lawful permanent resident 'usually' must know English, when they apply to be a naturalized U.S. citizen at the U.S.C.IS.
In addition, a persons must have work authorization approved by the Department of Homeland Security before they can lawfully work. If a person is working without an employment authorization document, then that may be a problem depending upon how they represented their immigration status to the employer.
An immigration judge must determine whether a person can file and qualify for a form of relief from deportation, which is also known as removal. Usually, that requires different facts, such as whether their spouse is a U.S. citizen or green holder who will suffer exceptional and extremely unusual hardship. A person may also have to prove that they were in the U.S. for more than ten years, as well. Whether someone wants to learn English makes no difference.
If you, or a loved one, has been charged with removal/deportation before an immigration judge, then I strongly recommend that one of you hire a competent and experienced immigration attorney before there are any other complications.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.