Peoria, AZ asked in Criminal Law, Employment Law, Family Law and Immigration Law for Arizona

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.

1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: 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.

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