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Immigration
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Immigration
Who can give me immigration legal advice?Background reading
Background reading
Use a licensed attorney or a representative accredited by the Department of Justice who works through a recognized organization.
Check the person’s credentials before paying. A person who only prepares forms cannot necessarily choose a legal strategy for you.
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Is a notario the same as an immigration lawyer?Background reading
Background reading
No. In the United States, being a notary or calling yourself a notario does not make someone an immigration attorney.
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Can someone guarantee my immigration case will be approved?Background reading
Background reading
Be cautious of anyone promising a guaranteed result or special access to immigration officials. Verify their credentials and the process through official sources before paying.
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My immigration hearing date is unclear. Where can I check it?Federal rule · specific setting
Federal rule · specific setting
For this situationA case in the US immigration court system, not a USCIS benefits application.
Use EOIR’s official case-information system, then compare it with your hearing notice. Court notices are the official source; an online result is not permission to miss a hearing.
What to do next
- Find your A-number on your court papers. Keep it private.
- Open EOIR’s case-information service and check your case.
- Compare the date, place and hearing method with the latest notice; resolve differences with the court.
What could change this answer?
- The system shows only some case information.
- A USCIS receipt-number search is a separate service.
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I moved while my immigration court case is pending. What do I file?Federal rule · specific setting
Federal rule · specific setting
For this situationA person with a pending immigration court case who needs to update contact information.
Submit Form EOIR-33/IC to your immigration court within five working days of a contact-information change. File a separate form for each person with an affected pending case.
What to do next
- Check which court currently handles the case.
- Complete EOIR-33/IC, including its signature and proof-of-service instructions for providing DHS a copy.
- Submit through Respondent Access or the form’s paper process; keep the filed copy and confirmation.
What could change this answer?
- A case before the Board of Immigration Appeals uses EOIR-33/BIA instead.
- Changing your address does not itself move the case to another court.
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My immigration helper is listed as “DHS only.” Can they represent me in immigration court?Federal rule · specific setting
Federal rule · specific setting
For this situationA non-lawyer offering services as a DOJ-accredited representative.
No. Partial accreditation covers DHS matters. A DOJ-accredited representative needs full accreditation to represent you before immigration court or the Board of Immigration Appeals.
What to do next
- Ask for the representative’s full name and organization.
- Use DOJ’s roster to check the accreditation and whether it is limited to DHS.
- For a court case, ask for a fully accredited representative or a licensed attorney.
What could change this answer?
- Accreditation is connected to work through a recognized nonprofit.
- A listed provider may charge a fee or have limited capacity.
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My immigration representative mishandled my court case. Where can I complain?Federal rule · specific setting
Federal rule · specific setting
For this situationProfessional misconduct by an attorney or accredited representative in EOIR proceedings.
For misconduct before EOIR, use Form EOIR-44 and its instructions to report an attorney or accredited representative. Include specific events and supporting copies.
What to do next
- Save the agreement, receipts, messages and relevant court notices.
- Write dates and what the representative did or failed to do.
- Use EOIR-44 and follow the current submission instructions. Keep a copy.
What could change this answer?
- Misconduct before USCIS has a separate DHS route.
- Disagreement with an outcome alone does not prove misconduct.
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Can immigration court provide an interpreter if I cannot follow English?Federal rule · specific setting
Federal rule · specific setting
For this situationA respondent or witness in EOIR removal proceedings.
Yes. Immigration court provides interpretation at government expense when English proficiency is inadequate to understand and participate in removal proceedings.
What to do next
- Request an interpreter no later than 30 days before the hearing when possible, identifying language, dialect and other languages spoken.
- Tell the judge promptly if you cannot understand the interpreter; identify the specific misunderstanding.
- Keep your written request and bring it to the hearing so the court can confirm the arrangements.
What could change this answer?
- A USCIS interview has different interpreter rules.
- Interpretation may be in person or by telephone; the language need remains the same.
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Can I submit a foreign-language birth certificate to immigration court without translating it?Federal rule · specific setting
Federal rule · specific setting
For this situationDocuments filed as evidence in an EOIR immigration court case.
A foreign-language court filing must include a certified English translation.
What to do next
- Keep a legible copy of the complete original, including stamps and reverse sides.
- Obtain a complete English translation and the translator’s signed certification of competence and accuracy.
- Attach the translation and certification to the foreign-language document, and file and serve the packet by your deadline.
What could change this answer?
- English-language documents do not need translation.
- A declaration signed by someone who cannot read English also needs an interpretation certificate.
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My immigration court declaration was written in English, which I do not read. What is required before I sign?Federal rule · specific setting
Federal rule · specific setting
For this situationAn English affidavit or declaration from a person not fluent in English, filed in immigration court.
The declaration must be read to you in a language you understand, with a certificate confirming interpretation and your understanding before signing.
What to do next
- Have a competent interpreter read the entire declaration to you.
- Correct errors before signing and keep the final version.
- Include the interpreter’s certification of competence, accurate interpretation and your understanding with the filing.
What could change this answer?
- A foreign-language declaration instead requires a certified English translation.
- The certificate does not resolve whether the statement’s facts are credible or sufficient evidence.
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Does asking immigration court to postpone a hearing let me skip the original date?Federal rule · specific setting
Federal rule · specific setting
For this situationA respondent requesting postponement of an EOIR hearing.
No. You must attend as scheduled unless the judge grants the continuance.
What to do next
- File a written Motion to Continue explaining the reason, hearing date and supporting evidence.
- Propose workable replacement dates and serve the opposing party as required.
- Check for the court’s decision and keep preparing to attend until an order changes the date.
What could change this answer?
- The judge decides whether the reasons justify a continuance.
- A granted postponement may move the hearing to a date different from the one you proposed.
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I moved far away. Does immigration court automatically transfer my case?Federal rule · specific setting
Federal rule · specific setting
For this situationA respondent seeking to move an EOIR case to another immigration court.
No. A change of venue requires a motion and the immigration judge’s approval.
What to do next
- Prepare a Motion to Change Venue with the next hearing date, fixed address, reasons and supporting documents.
- File the separate EOIR-33/IC address update if needed and serve DHS.
- Continue attending the assigned court unless and until the judge orders the transfer.
What could change this answer?
- The judge must find good cause; moving does not guarantee transfer.
- A remote hearing request is a different request from changing the court responsible for the case.
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Can I ask immigration court for a hearing sooner than the date assigned?Federal rule · specific setting
Federal rule · specific setting
For this situationA respondent with a scheduled EOIR hearing seeking an earlier date.
You can file a Motion to Advance explaining why an earlier hearing is needed. Approval is discretionary.
What to do next
- Write the present hearing date and the concrete reason earlier consideration is necessary.
- Attach relevant support, label the request Motion to Advance and follow court filing and service rules.
- Keep the receipt and any scheduling order; follow the existing calendar until it changes.
What could change this answer?
- The court considers its schedule and your stated reasons.
- A request to postpone uses a Motion to Continue instead.
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My immigration witness cannot travel. Can they testify by video?Federal rule · specific setting
Federal rule · specific setting
For this situationA party planning witness testimony at an individual immigration court hearing.
You may request video testimony by written motion explaining why the witness cannot appear in person. The immigration judge decides.
What to do next
- Gather the witness’s location, availability and reason travel is not possible.
- File a Motion to Present Video Testimony and comply with the witness-list requirements and deadline.
- Confirm the ruling and connection arrangements with the court before the hearing.
What could change this answer?
- Telephone testimony has its own request procedure.
- Remote testimony does not eliminate interpreter needs or the opposing party’s ability to question the witness.
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Do I have to send DHS a copy of documents I file in immigration court?Federal rule · specific setting
Federal rule · specific setting
For this situationA party filing documents in an EOIR immigration court case.
Usually yes. When all parties use ECAS for the filing, the system performs service; otherwise an identical copy must be served separately.
What to do next
- Determine whether this document is being filed through ECAS in an eligible case.
- If separate service is required, send an identical copy to the proper opposing counsel office.
- Include a certificate stating how service occurred, including ECAS service when applicable, and retain proof.
What could change this answer?
- DHS is considered an ECAS participant.
- A paper document can still require separate service even when other filings are electronic.
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I mailed immigration court papers on the deadline. Are they timely?Federal rule · specific setting
Federal rule · specific setting
For this situationA paper filing with an EOIR immigration court.
The court generally uses receipt, not mailing, as the filing date.
What to do next
- Check the deadline and the correct filing location, which may be an administrative control court.
- Choose delivery early enough for the court to receive the papers, with sufficient postage.
- Keep tracking and a date-stamped receipt; contact the court promptly about a rejected or missing filing.
What could change this answer?
- Electronic filings follow the applicable ECAS rules.
- Unexpected court closure can extend qualifying deadlines, but ordinary postal delay usually does not.
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Can immigration court give me more time to file evidence?Federal rule · specific setting
Federal rule · specific setting
For this situationA party unable to meet an immigration judge’s filing deadline.
A judge can extend certain court-set deadlines on motion. The deadline changes only when the motion is granted.
What to do next
- Submit a Motion for Extension early enough to arrive by the original deadline.
- State your diligence, reasons, present deadline, proposed new date and DHS’s position if known.
- Keep working toward the original deadline until you receive an order granting more time.
What could change this answer?
- An unopposed motion is not automatically granted.
- The consequences of lateness differ for applications, exhibits, witness lists and motions.
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Do I need a FOIA request to inspect my active immigration court file?Federal rule · specific setting
Federal rule · specific setting
For this situationA party seeking their own active EOIR record.
No. A party or legal representative can arrange access to the active case’s Record of Proceedings through court or Board staff.
What to do next
- Identify your A-number, court and the records or hearing recordings needed.
- Arrange inspection or request a copy through EOIR’s Record of Proceedings procedure.
- Check the copy against your notices and filings, and give missing-document concerns to your representative promptly.
What could change this answer?
- Nonparties must use EOIR’s FOIA process.
- Official records cannot be removed from EOIR-controlled space.
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The immigration judge discussed something off the record. Can I ask that the result be recorded?Federal rule · specific setting
Federal rule · specific setting
For this situationA party in an electronically recorded EOIR hearing.
Yes. The judge should summarize an authorized off-the-record discussion on the record, and the parties may correct or supplement that summary.
What to do next
- Ask the judge to summarize the off-the-record discussion if no summary is offered.
- Identify any missing agreement, correction or disagreement while the hearing is being recorded.
- Afterward, arrange access to the hearing recording if needed to review the record with counsel.
What could change this answer?
- A transcript is prepared for appropriate appeals, not automatically for every hearing.
- The court’s official record includes filed documents as well as hearing recordings.
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I found important new evidence after an immigration judge’s final order. What procedure may apply?Federal rule · specific setting
Federal rule · specific setting
For this situationA final EOIR immigration judge order when jurisdiction has not moved to the Board on appeal.
A Motion to Reopen asks the judge to consider material new facts or evidence that were unavailable and could not have been presented earlier.
What to do next
- Get the order and identify when the evidence became available and why it could not be presented earlier.
- Seek qualified representation promptly to check jurisdiction, deadline and any exception.
- File the motion with affidavits or other proof and any required relief application, fee or waiver request; confirm receipt.
What could change this answer?
- Changed country conditions and certain other grounds can have exceptions.
- An administratively closed case uses a Motion to Recalendar instead.
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The immigration judge used the wrong law. Is reconsideration different from reopening?Federal rule · specific setting
Federal rule · specific setting
For this situationA party seeking reconsideration by an immigration judge who still has jurisdiction.
Yes. Reconsideration identifies legal or factual error in the existing record; reopening introduces qualifying new facts.
What to do next
- Obtain the written or oral decision and identify the exact error and supporting authority.
- Have qualified counsel check the deadline and whether appeal is also needed.
- File a properly supported Motion to Reconsider with required service and payment or waiver materials.
What could change this answer?
- Filing reconsideration does not extend the appeal deadline.
- You cannot ordinarily seek reconsideration of the denial of a previous reconsideration motion.
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I missed my removal hearing. Can I directly appeal the in-absentia order to the BIA?Federal rule · specific setting
Federal rule · specific setting
For this situationAn in-absentia order in removal proceedings, not older exclusion or deportation proceedings.
The usual route to rescind that order is a Motion to Reopen before the immigration judge, not a direct BIA appeal.
What to do next
- Get the order, hearing notices, address records and evidence explaining the missed hearing.
- Ask qualified counsel to assess lack of notice, exceptional circumstances or qualifying custody.
- File the appropriate motion with evidence and required service; retain proof of receipt and the ruling.
What could change this answer?
- Lack of proper notice or qualifying faultless custody can permit filing at any time.
- Only one rescission motion is generally allowed, so an incomplete filing can have serious consequences.
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How soon must the BIA receive my appeal of an immigration judge’s decision?Federal rule · specific setting
Federal rule · specific setting
For this situationAn appealable immigration judge decision for which appeal was reserved.
Form EOIR-26 generally must reach the BIA within 30 calendar days after an oral decision or the mailing of a written decision.
What to do next
- Record the oral-decision or mailing date and review the order’s appeal instructions.
- Complete EOIR-26 with specific reasons and the required fee or fee-waiver request.
- Serve the opposing party and file through the permitted method early enough to obtain timely receipt.
What could change this answer?
- In-absentia removal orders use a different reopening procedure.
- Specified ECAS outages or a rejected fee-waiver request have special rules; do not assume an ordinary extension is available.
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What happens if I tell the immigration judge that I waive appeal?Federal rule · specific setting
Federal rule · specific setting
For this situationA respondent at the end of immigration court proceedings.
A knowing, voluntary waiver generally makes the decision final and prevents a later appeal.
What to do next
- Ask for interpretation and an explanation of appeal before answering.
- Consult your representative about the decision and whether to reserve appeal.
- If a waiver was not knowing or voluntary, promptly seek help with a timely challenge explaining why it was invalid.
What could change this answer?
- An invalid waiver can be challenged through specified motion or appeal procedures.
- A valid waiver generally cannot simply be withdrawn after a change of mind.
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My immigration case was administratively closed. Is a Motion to Reopen the right way to resume it?Federal rule · specific setting
Federal rule · specific setting
For this situationA party seeking to resume an administratively closed immigration court case.
EOIR specifies a Motion to Recalendar for an administratively closed case.
What to do next
- Find the closure order and record the closure date and reason.
- Prepare a Motion to Recalendar explaining the request and attach the order if available.
- Provide the current address, complete required service and watch for the new scheduling order.
What could change this answer?
- Recalendar motions are not subject to the ordinary reopening time and number limits.
- A final removal order requires analysis of reopening or another remedy instead.
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I made a clerical error in a filed immigration court document. Can I ask to correct it?Federal rule · specific setting
Federal rule · specific setting
For this situationA party correcting a previously filed EOIR court document.
The judge may consider a Motion to Amend in limited situations, including correction of a clerical filing error.
What to do next
- Identify the original filing date, page, incorrect entry and proposed correction.
- Prepare a clearly labeled Motion to Amend explaining the error and supplying the corrected material.
- File and serve it under the court’s rules and keep both versions and the court’s response.
What could change this answer?
- Substantive changes can require a different procedure and supporting evidence.
- A correction request does not guarantee acceptance of an otherwise late filing.
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How do I request disability access for a scheduled USCIS appointment?Federal rule · specific setting
Federal rule · specific setting
For this situationA person needing disability access for a scheduled USCIS appointment.
USCIS has a disability-accommodation request process for interviews, biometrics and oath ceremonies.
What to do next
- Keep the appointment notice and identify the access support needed, such as a sign-language interpreter.
- Use USCIS’s disability-accommodation e-request and provide the appointment and contact details.
- Save confirmation and follow up with the Contact Center if the appointment is approaching without arrangements.
What could change this answer?
- A testing exemption uses Form N-648 and has separate eligibility rules.
- Changing the appointment date requires the applicable rescheduling procedure.
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USCIS misspelled my name on a notice. How can I report its typographic error?Federal rule · specific setting
Federal rule · specific setting
For this situationA USCIS notice, document or card with a suspected agency-created typographic error.
USCIS’s Typographic Error e-request lets you report incorrect information caused by USCIS.
What to do next
- Compare the notice with a copy of the application and identity evidence.
- Submit the USCIS Typographic Error request with the receipt number, incorrect text and correct information.
- Save the service-request number and follow any instructions about returning the original document.
What could change this answer?
- A legal name change after filing is different from a USCIS typo.
- Keep meeting other case deadlines while the correction is pending.
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I cannot attend my USCIS biometrics appointment. Is there a way to reschedule?Federal rule · specific setting
Federal rule · specific setting
For this situationA person with a USCIS biometrics appointment notice.
USCIS permits most biometrics rescheduling requests through a USCIS online account; the Contact Center handles requests the online tool cannot process.
What to do next
- Read the appointment notice and request rescheduling promptly, explaining the reason.
- Use your USCIS online account’s rescheduling tool, or contact USCIS if the tool cannot handle the request.
- Save the request and new notice, and confirm the actual appointment date before traveling.
What could change this answer?
- Some requests cannot be made through the online tool.
- Biometrics required in immigration court proceedings may need coordination with both USCIS and the court.
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I sent USCIS an original document it did not request. How can I ask for it back?Federal rule · specific setting
Federal rule · specific setting
For this situationA person seeking original documents retained in a USCIS file.
Form G-884 requests return of original documents submitted for an immigration or citizenship benefit.
What to do next
- Check the instructions for the application you filed and identify each original and its USCIS file.
- Complete and sign G-884 with the required identity and supporting evidence.
- Submit to the office specified in current instructions and keep a copy and delivery record.
What could change this answer?
- One G-884 can cover multiple documents in one file; separate files require separate requests.
- Originals specifically required by a form are ordinarily returned automatically.
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I lost my naturalization certificate. Must I apply to become a citizen again?Federal rule · specific setting
Federal rule · specific setting
For this situationA naturalized US citizen whose certificate was lost, stolen or destroyed.
No. USCIS Form N-565 is the replacement-document application; losing the certificate does not undo naturalization.
What to do next
- Locate a copy, certificate number, A-number and naturalization date if available.
- Complete N-565 with the reason for replacement, supporting evidence and current filing requirements.
- Keep the receipt and any other existing proof of citizenship while the application is pending.
What could change this answer?
- A USCIS clerical error and a later legal name change require different supporting evidence.
- A passport replacement is handled by the State Department, not N-565.
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Is requesting extra time on a citizenship test the same as requesting a disability exception?Federal rule · specific setting
Federal rule · specific setting
For this situationA naturalization applicant considering a disability exception to English or civics testing.
No. Form N-648 addresses a medical exception from English or civics requirements; an accommodation helps you participate in the test.
What to do next
- Review N-648 with a qualified medical professional authorized to complete the form.
- Identify which testing abilities are affected and ensure the certification answers the required questions.
- Submit the completed certification under USCIS’s current N-400/N-648 instructions and separately request any appointment accommodations.
What could change this answer?
- Inability to understand the oath presents a separate question addressed in the form.
- An interpreter or accessible format may meet the need without a testing exception.
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How can I organize my immigration paperwork?Background reading
Background reading
Start with notices and case numbers; the agency involved; dates and relevant documents.
Keep your own observations separate from what someone told you. These are preparation steps, not a finding about your rights or eligibility.
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