The Merit hearing is essentially an administrative hearing in which the permanent foreign national’s attorney will present his/her case to show that the foreign national is qualified for certain applications.  The opposing counsel, which is the government’s attorney, will present his/her own evidence to rebut the foreign national’s qualifications.  The hearing is adversarial in nature; and thus, the foreign national’s attorney will be able to direct questions toward the applicant and witnesses and the opposing counsel will have the opportunity cross examine the witnesses, including the foreign national at issue.  The immigration court will determine if a removable foreign national is qualified for any application, such as an application for withholding of removal, or an application to waive removal, based on certain qualifications and extenuating circumstances. The attorney will present the statute that governs the qualifications of the applicant.  The attorney will also present case laws and administrative decisions by the Board of Immigration Appeals, based on previous decisions, as well as evidence to show that then applicant is qualified for such application.  If the applicant is filing for waivers, such as an extreme hardship waiver, they may also have friends and family members present to testify on the applicant’s behalf.  It is important that the applicant present as much documentation to support the application as possible.

 

Contact the Immigration Lawyers at Smith & Garg today for more on Merit Hearings.