What Should I Know About My Immigration Case Once I’ve Arrived in New York
I just arrived in New York, how do I know when and where I have to attend my first hearing in immigration court?
- All persons who have been processed by Border Patrol (CBP) receive documents with an assigned “A number” or “Alien Registration number.” This number begins with the letter “A” and is followed by nine numbers. Generally, the number A begins with The Number 2 and for some with 0.
- With the A number, you can call the immigration court hotline at 1 (800) 898-7180 to find out if there is a hearing in your case and which Immigration court your case is in.
- You can also check the status of your Immigration case and receive the same information on this page: https://acis.eoir.justice.gov/en/
- These two ways to check the status of your case are safe, reliable, and free.
What should I do if my hearing is not in a New York Immigration Court but in a court in another state?
- If your immigration case is in immigration court in another state and you intend to live in New York, you must ask in writing that the current court change your case to the New York court.
- You can do this by filling out a Motion To Change Venue (a request for a change to a different courthouse). You can find a sample here: https://www.justice.gov/eoir/page/file/1480756/dl
My immigration case is in a court in another state, but I already submitted a change of address. Does that automatically transfer my case to the Immigration Court of New York?
- No, the change of address only notifies the court where you are currently living and where notices from the court should arrive, but it is not enough to move the courthouse to New York.
- Rarely, courts change the courthouse just by seeing the change of address. Most times, however, you will have to submit a separate written motion specifically asking for your case to be changed to the court in New York.
Do I need a lawyer to change my address or to change the courthouse to New York?
- The change of address can be filled out on your own on the EOIR-33 form. The forms are free, and you will only need to purchase a stamp to mail it. You can also submit the change of address online at: https://respondentaccess.eoir.justice.gov/en/forms/eoir33ic/
- The change of court can also be done alone or with the help of someone who speaks English and mailed to the immigration court in the state where your case is located.
- You can find the addresses of the different courts here: https://www.justice.gov/eoir/eoir-immigration-court-listing
I already changed my address with the ICE Officer, do I have to make a separate address change for immigration court?
- Yes. The offices of ICE belong to the Department of Homeland Security while the immigration court belongs to the Department of Justice. Even if you tell ICE about your new address, ICE does not contact the court to update them on your updated address.
- Therefore, whenever you move you must inform both ICE and the immigration court about your new address.
How do I know if my case has already been changed to a New York Immigration Court?
- You can call the immigration court hotline at 1 (800) 898-7180 and check the status of your case there or online at this page: https://acis.eoir.justice.gov/en/
When I call 1 (800) 898-7180 or visit https://acis.eoir.justice.gov/en/ I’m told that there is no case for my A number.
- When your A number is not in the system, it means you don’t have an immigration court case yet.
- When there is no case in immigration court, there are no hearings yet nor can you make address changes with the immigration court or court changes because the court simply does not have a file for you.
- This usually happens because ICE can take a long time to begin deportation proceedings against you, but they can do so at any time. This is why it is important to check the immigration hotline every week to see if there is already a case in immigration court and when your next hearing is.
I went to an ICE check-in and they told me to return next year. What do I have to do during that year?
- You must attend your hearings in immigration court. Check the immigration hotline 1 (800) 898-7180 or go to the website: https://acis.eoir.justice.gov/en/m to verify that you have not been scheduled for a hearing. If you do not show up for your immigration court hearing, the judge may order your deportation
- Try to find a lawyer who can represent you in the defense of your case. Being in immigration court means that there is a deportation case that the U.S. government has started against you. If you do not ask for a defense in court, the court may order your deportation. The immigration process is complicated, and it is better to have an attorney who can represent you, but the government does not have to pay for your attorney. You have to be careful that the lawyers you hire are reliable and that they do not rip you off. BE CAREFUL: public notaries in the United States are not necessarily lawyers.
- Even if you do not find a lawyer to represent you, you must still attend any hearings in immigration court if you want to avoid the judge ordering your deportation for not showing up.
- If you are afraid to return to your country, you must apply for asylum or refuge in this country within one year of arriving in this country regardless of when your next court date is. You can do this on Form I-589 which is free and send it to the court where your immigration case is located. After 5 months of having filed your Form I-589 you will be entitled to apply for a work permit.
- Form I-589 can be obtained here: https://www.uscis.gov/i-589 or you can call 1 (800) 375-5283 to have the form mailed to you. If your case is not in the immigration court system, you must file your application according to the addresses listed here: https://www.uscis.gov/i-589
For free legal help, call Legal Services NYC at 917-661-4500 Monday through Friday from 9:30 a.m. to 4 p.m. Learn more about our intake process here.
* The information does not constitute legal advice. You should always consult an attorney regarding your matter. Legal help subject to capacity and location.
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