Why It’s Critical to Keep Your Address Updated
If you or a loved one has received a Notice to Appear (NTA) in immigration court, it’s normal to feel overwhelmed or unsure of what comes next. The Executive Office for Immigration Review (EOIR) oversees immigration courts in the U.S., and appearing before an immigration judge can be a life-changing experience.
In this guide, you’ll learn:
- What to expect in EOIR immigration court?
- How to prepare for your hearings?
- Why keeping your address updated with EOIR is critical?
What Is EOIR Immigration Court?
The Executive Office for Immigration Review (EOIR) is part of the U.S. Department of Justice. It handles removal (deportation) proceedings and other immigration matters.
Unlike criminal courts, immigration courts are civil proceedings. However, the consequences—such as deportation—can be severe.
Important: Immigration courts do not provide public defenders. You have the right to an attorney, but at your own expense.
What to Expect in Immigration Court
When you appear in immigration court, you may have one or both of these hearings:
1. Master Calendar Hearing (MCH)
- What it is: A short, preliminary hearing.
- What happens:
- The judge reviews your case and explains your rights.
- You confirm your name, address, and whether you have a lawyer.
- The judge may ask how you plead to the charges in your NTA.
- Your case is scheduled for an Individual Hearing.
- Do you need an attorney?
Yes. While the court won’t appoint one, you can ask for time to hire an immigration lawyer.
2. Individual Hearing (Merits Hearing)
- What it is: A full trial on your case.
- What happens:
- You or your attorney present your defense (e.g., asylum, cancellation of removal, adjustment of status).
- Witnesses may testify.
- The government attorney and judge may question you.
- A decision may be issued the same day or later.
How to Prepare for Immigration Court Hearings
Proper preparation can make a major difference in your case. Here’s how to prepare:
1. Hire an Experienced Immigration Attorney
This is the most important step. Immigration law is complex and constantly changing. A qualified attorney will:
- Analyze your eligibility for relief
- Gather supporting evidence
- Draft legal briefs
- Represent you before the judge
2. Understand the Charges Against You
Your Notice to Appear (NTA) lists the government’s allegations. Work with your attorney to admit or deny the charges appropriately.
3. Gather Supporting Evidence
Depending on your defense, you may need:
- Identity documents (passport, birth certificate)
- Proof of residency or good moral character
- Evidence of family hardship (for cancellation of removal)
- Medical or psychological evaluations
- Police or court records
4. Attend All Hearings
Missing a hearing—even a Master Calendar Hearing—can result in a removal order in absentia (in your absence). This means you could be deported without a chance to present your case.
Why It’s Critical to Keep Your Address Updated with EOIR
EOIR sends all court notices, including hearing dates and changes, to the address on file.
If you move and don’t update your address:
- You may miss a hearing and receive a removal order.
- The court is not required to notify your attorney unless you’ve submitted a Form G-28 (Notice of Attorney Representation).
How to Update Your Address with EOIR
You must submit Form EOIR-33, Change of Address:
- EOIR-33/IC: Immigration Court
- EOIR-33/BIA: Board of Immigration Appeals
Ways to file:
- Online via the EOIR Case Portal
- By mail or in person at the immigration court
Important Takeaways
- Keep a file with all court documents and notices.
- Regularly check your case status with the EOIR Automated Case Information System (online or by phone).
- Never ignore a notice, even if you believe it’s an error.
- If you don’t speak English fluently, request an interpreter in advance.