Key points
- A Notice to Appear is the written notice that starts removal proceedings; it states the charges, your right to a lawyer, and the time and place of the hearing.[1]
- If you were properly notified and do not attend a hearing, the judge shall order you removed in absentia.[2]
- You must keep the court informed of your address: file Form EOIR-33 within five days of any move.[3][4]
- You may have a lawyer at no expense to the government, and the first hearing cannot be set earlier than 10 days after service unless you ask in writing.[5][6]
- EOIR's online Automated Case Information System shows basic status details for many court cases.[7]
A Notice to Appear (Form I-862) is the document that starts removal proceedings against you in immigration court. It says why the government believes you can be removed from the United States, the legal charges, and the time and place of your hearing.[1] It is serious, but it is the start of a court case, not a final decision. The two things that matter most right away are going to every hearing and keeping the court informed of your address: if you were properly notified and do not attend, the judge shall order you removed in absentia.[2]
What a Notice to Appear says
By law, a Notice to Appear has to state:
- The nature of the proceedings and the legal authority for them.[1]
- The acts or conduct the government says violated the law, and the charges, with the statutes you are accused of violating.[1]
- That you may be represented by a lawyer, that you will be given time to find one, and that you will be given a current list of counsel.[8]
- That you must give a written address and phone number and report any change immediately, and what happens if you do not.[3]
- The time and place of the hearing, and the consequences of not appearing.[1]
Read the factual allegations carefully. If something in them is wrong, such as your date of entry or your status, tell your lawyer before the first hearing.
Your first steps
- Find the hearing details. Note the court, the date and the time. EOIR's Automated Case Information System shows basic status details for many cases before an immigration court or the Board of Immigration Appeals, though not every case or detail.[7]
- Make sure the court has your address. If you move, you must file Form EOIR-33 with the immigration court within five days.[4] Hearing notices sent to the most recent address you gave count as notice, even if you no longer live there.[2]
- Look for a lawyer now. You may be represented by a lawyer of your choice who is authorized to practice in immigration court, at no expense to the government.[5] The first hearing cannot be scheduled earlier than 10 days after service of the Notice to Appear, unless you ask in writing for an earlier date, so that you have a chance to find counsel.[6] After that, the case can go forward even without a lawyer.[9]
- Gather your papers: passport, I-94 record, any USCIS filings and notices, and any arrest or court records.
- Go to every hearing, on time, even if you have not found a lawyer yet.
If cost is a barrier, the Notice to Appear comes with a list of pro bono providers, updated at least quarterly.[8] Free and low-cost immigration legal help explains how to use it.
If you miss a hearing
A person who received the required written notice, or whose lawyer did, and does not attend a hearing shall be ordered removed in absentia if the government proves the notice was given and that the person is removable. Notice to the most recent address the person provided is enough.[2]
Such an order can be undone only in narrow cases: on a motion to reopen filed within 180 days if the absence was due to exceptional circumstances, or at any time if the person did not receive proper notice or was in federal or state custody through no fault of their own.[10] If you have missed a hearing, get advice immediately.
Your rights at the hearing
- A lawyer of your choice, at no expense to the government.[5]
- Evidence and witnesses. A reasonable opportunity to examine the evidence against you, present your own evidence, and cross-examine government witnesses, with a limit for national security information.[11]
- A record. A complete record is kept of all testimony and evidence.[11] You can ask the court or the Board for a copy of your file.[7]
- An interpreter. USCIS notes that the immigration court provides a qualified interpreter for asylum hearings and other court proceedings.[12]
If you want to apply for asylum
Once a Notice to Appear has been filed with the immigration court, the immigration judge has exclusive jurisdiction over your asylum application.[13] If USCIS referred your asylum case to court, the judge holds a new hearing and decides independently of USCIS.[12] The one-year filing rule still matters.[14] Affirmative or defensive asylum explains how the court process differs from USCIS, and the one-year asylum filing deadline explains the exceptions.
Filing and checking online
EOIR's Respondent Access website lets you file forms with the immigration court and the Board of Immigration Appeals.[7] Keep a copy of everything filed and every notice you receive.
After the judge decides, the time to appeal is short: in most cases 10 calendar days.[15] Asylum referred to court or denied explains appeals and motions and the dates that apply.
Common questions
What happens if I do not go to my immigration court hearing?
If written notice was given to you or your lawyer and you do not attend, the judge shall order you removed in absentia, provided the government proves the notice and that you are removable. Notice sent to the most recent address you gave is enough.[2] An order like that can be undone only in narrow situations.[10]
How soon after the Notice to Appear can my first hearing be?
So that you have a chance to find a lawyer, the first hearing may not be scheduled earlier than 10 days after the Notice to Appear is served, unless you ask in writing for an earlier date.[6] After that, the case can go ahead even if you have not found a lawyer.[9]
I moved after I got the Notice to Appear. What do I do?
Tell the court in writing on Form EOIR-33 within five days of the move.[4] The Notice to Appear itself warns that you must report any change of address or phone number immediately.[3] If you also have a case with USCIS, report the move to USCIS as well.[16]
Will the court give me a lawyer?
No. You have the privilege of being represented by a lawyer of your choice who is authorized to practice in immigration court, at no expense to the government.[5] The Notice to Appear comes with a list of people who have said they are available to represent people pro bono.[8]
How do I check the status of my court case?
EOIR's Automated Case Information System lets you check some case status details online for certain cases before an immigration court or the Board of Immigration Appeals. Not every case or detail is shown.[7] Your local immigration court can answer questions the online system does not.
Sources
- 8 U.S.C. § 1229(a)(1) — Legal Information Institute, Cornell Law School
- 8 U.S.C. § 1229a(b)(5)(A) — Legal Information Institute, Cornell Law School
- 8 U.S.C. § 1229(a)(1)(F) — Legal Information Institute, Cornell Law School
- 8 C.F.R. § 1003.15(d)(2) — Legal Information Institute, Cornell Law School
- 8 U.S.C. § 1229a(b)(4)(A) — Legal Information Institute, Cornell Law School
- 8 U.S.C. § 1229(b)(1) — Legal Information Institute, Cornell Law School
- EOIR, EOIR Case Information — U.S. Department of Justice
- 8 U.S.C. § 1229(a)(1)(E), (b)(2) — Legal Information Institute, Cornell Law School
- 8 U.S.C. § 1229(b)(3) — Legal Information Institute, Cornell Law School
- 8 U.S.C. § 1229a(b)(5)(C) — Legal Information Institute, Cornell Law School
- 8 U.S.C. § 1229a(b)(4)(B)-(C) — Legal Information Institute, Cornell Law School
- USCIS, Obtaining Asylum in the United States — uscis.gov
- 8 C.F.R. § 208.2(b) — Legal Information Institute, Cornell Law School
- 8 U.S.C. § 1158(a)(2)(B) — Legal Information Institute, Cornell Law School
- 8 C.F.R. § 1003.38(b)(1)-(2) — Legal Information Institute, Cornell Law School
- USCIS, Form AR-11, Alien's Change of Address Card — uscis.gov