Do I have to testify in immigration court?

I got a notice saying that I have to attend an immigration court master hearing. Am I legally required to appear? Do I have to testify. This has to do with a US Citizenship and Immigration claim of a sham marriage. I have no criminal record and am going to request voluntary departure.
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Answered By: Pacifica Legal Services
I will tell you that your summons to appear to the master hearing is required. Failure to appear will be taken by the Immigration Judge, as with the Justice Department attorneys, as a refusal to answer the allegations against you, and a relinquishment giving up of your petition/application rights under law to obtain your immigration benefit your green card. The Judge will issue an order against you denying your claim and ordering immediate removal, disallowing voluntary departure, with at least a 10 year ban. And since sham marriage has occurred, it could even be a 20-year or permanent ban from ever being allowed to seek and obtain a visa to the USA, of any kind.

You are not simply required to gain voluntary departure. That is an option that you can ask for as an alternative to forced removal if your application for adjustment of status is denied. You still have the option to pursue your application in court, which will be, not at the master calendar hearing, but at the evidentiary hearing that will happen after your case is set for formal trial at the master calendar hearing. You have options, and if you want to pursue them, you may get in touch with me.

Answer Applies to: California
Replied: 8/23/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Juan Dotson
Yes, you must appear. If you fail to appear, the court can deport you in absentia. If you are conceding removal, then you may not have to talk in court. You should have an attorney assist you with your case in order to avoid or minimize the possibility of criminal charges (submitting perjured documents to USCIS) being filed.

Answer Applies to: California
Replied: 8/18/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of James C. Bechler, A.P.C.
Do not panic. A Master Hearing simply sets a schedule for a hearing on the merits of the case. You need to get an attorney if you want to stay in the U.S. If not, you can request Voluntary Departure at the hearing yourself.

Answer Applies to: California
Replied: 8/17/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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