Who this is for
- People who received a Notice to Appear (Form I-862) or a hearing notice from an immigration court
- People whose asylum case was referred to immigration court by USCIS
- Green card holders charged as removable, for example because of certain criminal convictions
- People whose visa, parole or other status ended and who were placed in proceedings
- Family members on the same case, who often have their own hearing notices and obligations
Forms involved
| Form | Official name | What it does |
|---|---|---|
| I-862 | Notice to Appear | The charging document from DHS that starts the court case and lists the reasons the government says the person can be removed. |
| EOIR-33/IC | Change of Address Form (Immigration Court) | Used to tell the immigration court about a new address or contact information, which must be done quickly after any move. |
| EOIR-28 | Notice of Entry of Appearance as Attorney or Representative | Filed by an attorney or accredited representative to appear for a person in immigration court. |
| I-589 | Application for Asylum and for Withholding of Removal | Often filed with the judge as a defense against removal by people who fear returning to their country. |
| EOIR-26 | Notice of Appeal from a Decision of an Immigration Judge | Used to appeal a judge's decision to the Board of Immigration Appeals, within a strict deadline. |
Step by step
- Read the Notice to Appear carefullyCheck your name, A-number, the charges and whether a hearing date and court location are listed. Keep every notice you receive.
- Look up your case and keep your address currentYou can usually check hearing dates through EOIR's online automated case information or its phone line. Any change of address must generally be sent to the court within five working days, often online through the EOIR Respondent Access portal.
- Talk to an immigration attorney earlyThere is no free government-appointed lawyer in immigration court, but you may hire one or seek help from nonprofit providers listed by EOIR. Early advice gives more time to find any options.
- Attend the master calendar hearingThis is a short first hearing, often with many people, where the judge reviews the charges, asks how you respond and sets deadlines for any applications.
- File applications and evidence by the deadlinesIf you are seeking relief, the forms, evidence and fees must usually be filed by the dates the judge sets. Late filings can be refused.
- Attend the individual hearingAt this longer hearing, also called a merits hearing, you and your witnesses may testify, the government may question you, and the judge decides the case.
- Consider an appeal if neededEither side can usually appeal the judge's decision to the Board of Immigration Appeals, but the deadline is short.
Documents usually requested
- The Notice to Appear and every hearing notice from the court
- Passport, birth certificate and any other identity documents
- Your I-94, visas, green card, work permits and past USCIS approval or denial notices
- Any arrest, charge or court records, with final outcomes
- Proof of how long you have lived in the U.S., such as leases, tax returns and school records
- Birth and marriage certificates for U.S. citizen or permanent resident family members
- Evidence supporting any relief you seek, such as country reports or hardship documents
- Certified English translations of foreign-language documents
How long it takes
Immigration court timing depends on the court location, its docket, whether the person is detained and the type of relief requested; detained cases generally move much faster. Check your own dates through EOIR's automated case information system rather than relying on estimates.
Government filing fees
Some applications and appeals in immigration court carry filing fees, and some applications filed in court must first be paid to DHS. Fees are set by law and regulation and changed in 2025, so check the current EOIR and USCIS fee information or ask an attorney before filing.
Working and traveling while you wait
Being in removal proceedings does not by itself give permission to work; that usually depends on a separate pending application, such as asylum. Leaving the U.S. while a case is open can be treated as self-deportation and trigger bars to returning, so speak to an attorney before any travel.
Common mistakes to avoid
- Missing a hearing, which can lead to a removal order without the person present
- Moving without filing a change of address with the court within the deadline
- Waiting until shortly before a hearing to look for a lawyer
- Missing filing deadlines set by the judge for applications and evidence
- Relying on notarios or non-lawyers who are not authorized to give legal advice
How MyUSVisa helps
- Answer a guided questionnaire in your language and upload your documents once — we read, sort and assemble them into a clear case file and timeline.
- Your organized case is offered to licensed U.S. immigration attorneys who handle this type of case. Interested attorneys send you offers, and you compare and choose — or don't.
- Once you choose, you and your attorney work in one place: messages, documents, deadlines and automatic USCIS status updates, on the web and in the mobile app.
Frequently asked questions
What happens if I miss my immigration court hearing?
If you miss a hearing, the judge can order you removed in your absence, called an in absentia order. That order can also make you ineligible for certain relief for years. Reopening such an order is possible only in limited situations, such as lack of proper notice or exceptional circumstances, and has strict deadlines.
How do I check my immigration court date?
You can usually check your next hearing date using EOIR's online automated case information system or its telephone line by entering your A-number. Always compare it with the latest written notice and keep your address current with the court so you receive new notices.
What kinds of relief might be available in immigration court?
Common forms of relief include asylum, withholding of removal and protection under the Convention Against Torture, cancellation of removal for certain long-term residents, adjustment of status to permanent residence, and voluntary departure. Each has strict eligibility rules. An attorney can review which, if any, might fit your situation.
Will the court give me a free lawyer?
No, immigration courts generally do not appoint free lawyers, but you have the right to be represented at your own expense. EOIR publishes a list of free and low-cost legal service providers, and judges often give time to find a lawyer at the first hearing.
What is voluntary departure?
Voluntary departure lets a person leave the U.S. at their own expense by a set date instead of receiving a removal order. It can carry fewer long-term consequences, but missing the departure deadline can lead to penalties and bars. Its rules should be discussed with an attorney before accepting it.
Have enforcement rules changed recently?
Yes, in 2025 and 2026 DHS expanded expedited removal, which allows some people to be removed without a court hearing, and enforcement practices changed in several ways. These policies have been the subject of ongoing litigation. Check official DHS and EOIR pages for current information and contact an attorney quickly if you are detained or receive any notice.
Official sources
Last reviewed: October 2026
This guide is general information, not legal advice, and reading it does not create an attorney–client relationship. Immigration rules, forms and fees change often — always check the official sources above. MyUSVisa is not a law firm and is not affiliated with USCIS or any government agency; legal advice comes only from the licensed attorney you choose.