Guide to preparing for an immigration court hearing before an immigration judge, covering legal representation, evidence gathering, court procedures, filing deadlines, interpreter rights, and appeal options.
Review the Notice to Appear (NTA) and identify the specific charges against you
The NTA (Form I-862) lists the factual allegations and charges of removability under the Immigration and Nationality Act (INA). Each charge cites a specific INA section — understanding these sections helps you and your attorney build a defense.
Read each factual allegation and note which ones are accurate versus incorrect
Identify the INA sections cited as grounds for removal
Determine which forms of relief from removal you may be eligible for
Common forms of relief include asylum (I-589), cancellation of removal (EOIR-42A/42B), adjustment of status (I-485), voluntary departure, and withholding of removal. Eligibility depends on your specific circumstances, length of U.S. presence, and family ties.
Check your hearing date, time, and court location on the EOIR automated system
Call the EOIR hotline at 1-800-898-7180 and enter your A-number (alien registration number) to hear your next hearing date. You can also check online at portal.eoir.justice.gov. Hearings are held at 1 of 68 immigration courts nationwide.
Obtain your complete immigration file through a FOIA request to USCIS and ICE
File Form G-639 with USCIS (free) and a separate FOIA request with ICE. Your file contains every document the government has about you — prior applications, border crossing records, and interview notes. Processing takes 4-12 weeks, so request early.
Finding Legal Representation
Search for an immigration attorney through the EOIR list of legal service providers
EOIR publishes a free list of legal service providers by state at justice.gov/eoir/list-pro-bono-legal-service-providers. These organizations provide free or low-cost representation to individuals in removal proceedings.
If hiring a private attorney, verify their credentials and disciplinary record
Check the attorney's state bar membership at the state bar's website. Immigration attorneys do not need to be licensed in the state where the court is located. Average attorney fees for removal proceedings range from $3,000-$15,000 depending on case complexity.
If representing yourself (pro se), obtain the EOIR pro se manual and court-specific guidelines
Each immigration court has a legal orientation program (LOP) that provides free information to unrepresented respondents. Attend the LOP at your court if available — it covers basic procedures, deadlines, and available forms of relief.
File a motion for continuance if you need more time to find an attorney
Immigration judges typically grant 1-2 continuances for respondents seeking counsel. File the motion in writing before the hearing date. The motion should state what efforts you have made to find representation and how much additional time you need.
Gathering and Filing Evidence
Compile all documents supporting your application for relief
Organize evidence in a tabbed binder with a table of contents. Include identity documents, country condition reports, letters of support, financial records, and any other relevant evidence. Judges expect professional presentation even from pro se respondents.
Evidence of U.S. ties (tax returns, employment records, property ownership)
Letters of support from family, employers, and community members
Translate all non-English documents with certified English translations
Each translation must include a certification statement: the translator's name, address, and a signed statement that the translation is complete and accurate. Judges will not consider untranslated foreign-language documents.
File your application for relief and supporting evidence with the court by the deadline
The immigration judge sets filing deadlines at the master calendar hearing — typically 15 days before the individual (merits) hearing. File the original with the court clerk, serve one copy on the DHS trial attorney, and keep one copy for yourself.
Prepare a witness list and subpoena any necessary witnesses
File the witness list with the court at least 10 days before the hearing. If a witness will not attend voluntarily, request a subpoena from the immigration judge using a written motion. Witnesses testify under oath and are subject to cross-examination by the DHS attorney.
Court Procedures and Hearing Day
Attend the master calendar hearing — the initial scheduling appearance
The master calendar hearing typically lasts 5-15 minutes. The judge will ask if you admit or deny the charges, identify available relief, and schedule an individual (merits) hearing. Multiple respondents are scheduled in the same time slot.
Arrive at court at least 30 minutes early with all required documents and identification
Immigration courts are inside federal buildings with airport-style security screening. Bring your NTA, hearing notice, passport or photo ID, and all filed documents. Cell phones may not be allowed in some courtrooms — check your court's rules.
Request a court-provided interpreter if you do not speak fluent English
You have a legal right to interpretation services at no cost. Request the interpreter at or before your first hearing. The court provides interpreters in over 350 languages. If the interpreter makes errors, you or your attorney can object on the record.
Testify at the individual merits hearing if applying for relief
Individual hearings last 2-4 hours. You will testify under oath, and the DHS trial attorney will cross-examine you. Answer only the question asked — do not volunteer extra information. Inconsistencies between your testimony and written application can undermine credibility.
Receive the judge's oral decision at the conclusion of the hearing
Judges typically announce their decision orally at the end of the hearing. The judge will grant or deny your application for relief and, if denying, will issue a removal order. You can reserve your right to appeal at this time.
Interpreter Rights and Accommodations
Notify the court in advance of any language or dialect requirements
Some languages have regional dialects that differ significantly. Specify your exact dialect when requesting an interpreter — for example, Mandarin vs. Cantonese, or Haitian Creole vs. French. Incorrect interpreter assignment can delay your hearing by months.
Request disability accommodations if needed through the court clerk
EOIR provides accommodations for hearing, vision, mobility, and cognitive disabilities. Submit the request in writing at least 10 business days before your hearing. Accommodations include sign language interpreters, accessible courtrooms, and modified testimony procedures.
Object on the record if the interpretation is inaccurate during the hearing
If you or your attorney notice interpretation errors, immediately raise an objection. The judge will address the issue on the record. Interpretation errors that are not corrected during the hearing can be raised as grounds for appeal.
Appeal Options After Decision
File an appeal to the Board of Immigration Appeals (BIA) within 30 days of the decision
Use Form EOIR-26 (Notice of Appeal) and pay the $110 filing fee. The 30-day deadline is strict — late appeals are automatically dismissed. Fee waivers are available for those who cannot afford the filing fee.
Submit a written brief to the BIA supporting your appeal
The BIA sets a briefing schedule, typically giving 21 days for the initial brief. The brief must identify specific legal errors in the immigration judge's decision. The BIA generally does not conduct new fact-finding — it reviews the existing record only.
If the BIA denies the appeal, consider filing a petition for review with the U.S. Circuit Court of Appeals
Petitions for review must be filed within 30 days of the BIA's final order. The case is filed in the circuit where the immigration court was located. Filing the petition automatically stays the removal order in most cases while the appeal is pending.
Explore motions to reopen or reconsider if new evidence or changed circumstances arise
A motion to reopen must be filed within 90 days of the final decision and must present material evidence that was unavailable during the original hearing. There is no time limit for motions based on changed country conditions. Filing fee is $110.
Frequently Asked Questions
What happens at an immigration court hearing?
Immigration court hearings typically begin with a Master Calendar Hearing, which is a short administrative hearing where the judge reviews charges, explains rights, and sets future hearing dates. The substantive Individual (Merits) Hearing comes later, where you present your case with evidence and testimony. The government is represented by an ICE trial attorney who may cross-examine you and challenge your evidence. Hearings may be conducted in person or via video teleconference depending on your location and the court.
Do I have the right to a lawyer in immigration court?
Unlike criminal court, there is no constitutional right to a government-appointed attorney in immigration proceedings. You have the right to hire a lawyer at your own expense, and the judge must inform you of this right and provide a list of free legal service providers. Studies consistently show that represented respondents are up to 5 times more likely to win their cases. Many nonprofit organizations, law school clinics, and legal aid societies provide free representation for low-income individuals in removal proceedings.
What happens if I miss my immigration court hearing?
If you fail to appear at your scheduled hearing without good cause, the immigration judge will likely order you removed (deported) in absentia. An in absentia removal order can be very difficult to reopen and may bar you from certain forms of immigration relief for 10 years. If you have a legitimate reason for missing the hearing (medical emergency, not receiving notice, natural disaster), you can file a motion to reopen within 180 days. Contact an attorney immediately if you have missed a hearing.
How long does an immigration court case take?
The immigration court backlog exceeds 3 million cases as of 2026, and the average case takes 2-4 years from the first hearing to a final decision. In some jurisdictions (like New York and California), cases can take 5+ years. During this time, you may be able to remain in the US on bond or under an order of supervision. The long timeline can work in your favor by allowing you to gather evidence and build your case, but it also creates prolonged uncertainty.