EOIR TrackerCan I have an immigration court date and not know it?
Yes, it can happen. The court's notice can go to an old address, or to someone who used to help you, and the date passes without you knowing. Here is how it happens and what you can do. This is general information, not legal advice.
The notice goes to the address the government has
A case at the immigration court starts with a Notice to Appear (Form I-862). The Department of Homeland Security (DHS) hands it to you or mails it, and then files it with the court. That can happen some time later.
From then on, the court mails its letters, such as the notice with your hearing date, to the address it has for you. If you moved, if the address has a mistake, or if the letters go to a notario or someone else, you may never see them.
What is an “in absentia” removal order?
If you don't go to your hearing, the judge can hold it without you and order you removed (deported). This is called an order “in absentia”, which means in your absence.
It can happen even if you never saw the letter, if the court didn't have your new address.
An in absentia order can't be appealed like other decisions. To change it, you have to ask the judge to reopen the case, and there are rules and deadlines. If this happened to you, talk to a lawyer as soon as you can.
Keep your address up to date, with the court and with USCIS
Telling one office does not tell the other. If you have a court case, changing your address with USCIS or ICE does not change it with the court.
- With the immigration court: file Form EOIR-33/IC within 5 days of the change. You can do it online through EOIR's Respondent Access portal, by mail, or in person at the court. EOIR's instructions.
- With USCIS: report it within 10 days of moving, in your USCIS online account or with Form AR-11. How to change your address with USCIS.
- Changing your address with the post office (USPS) does not change it with USCIS or the court.
How do I know if I have a court date?
You can check your case for free with your A-Number, on EOIR's website (acis.eoir.justice.gov) or at 1-800-898-7180. Here's how.
If nothing shows today, a case can appear later. That's why it helps to check often.
Talk to a lawyer or an accredited representative
This page is not legal advice. To know what to do in your case, talk to an immigration lawyer or an accredited representative. An accredited representative is not a lawyer, but EOIR authorizes them to represent people in immigration cases, through a recognized organization. Only those with full accreditation can represent you in immigration court.
EOIR publishes a list of organizations and lawyers who give free (pro bono) legal services and a list of recognized organizations and accredited representatives. EOIR does not recommend any of them in particular.
Let the app watch your A-Number
EOIR Tracker checks the court's public record for your A-Number. While there is no case, it checks about once a week and tells you if one appears. Once there is a case, it tells you when something changes, such as a new date.
For iPhone and Android.