What Is Immigration Court
Immigration court is a judicial forum operated by the Executive Office for Immigration Review (EOIR) under the Department of Justice where immigration judges preside over removal proceedings and applications for relief from deportation. Unlike federal courts, immigration courts handle civil, not criminal matters, and they operate under a distinct set of procedures outlined in the Immigration and Nationality Act (INA).
If you're in removal proceedings, you will appear before an immigration judge who has authority to order your deportation, grant you relief from removal, or dismiss your case. This is fundamentally different from USCIS processing. USCIS approves applications like green cards and visas at the administrative level. Immigration court only becomes involved when the government initiates removal proceedings against you or when you affirmatively request certain forms of relief that require a hearing.
When You Enter Immigration Court
You typically enter immigration court through one of two paths. First, USCIS or ICE (Immigration and Customs Enforcement) initiates removal proceedings by filing a Notice to Appear (NTA), which formally charges you with removability. Second, you may affirmatively file an application for relief while in the United States, which triggers a hearing before an immigration judge.
The current average immigration court backlog exceeds 1.6 million pending cases as of 2024, meaning your hearing date could be months or even years away. Hearing wait times vary significantly by location. Courts in Los Angeles, New York, and Chicago have the longest backlogs, sometimes exceeding 3 to 4 years.
What Happens in Immigration Court
- The NTA charges you: The government must provide factual and legal basis for removal. You have the right to review these charges.
- You enter a plea: You can admit or deny the charges. Admitting charges may help with certain relief applications but limits your options.
- You present your case: You can present evidence, call witnesses, and argue why you should not be removed or why you qualify for relief such as asylum, cancellation of removal, or adjustment of status.
- The judge decides: The immigration judge issues a written decision either ordering removal or granting relief. You have the right to appeal to the Board of Immigration Appeals (BIA).
Relief Options in Immigration Court
Immigration court is where you pursue relief that USCIS cannot grant. Key relief types include asylum (protection for those persecuted based on protected grounds), cancellation of removal (available to certain non-lawful permanent residents with 10 years of physical presence), withholding of removal (a lower bar than asylum), and Temporary Protected Status (TPS) if your country is designated. If you're already adjusting status to permanent resident, your case typically stays with USCIS unless removal proceedings begin. However, if you're in removal proceedings, you can file for adjustment of status concurrently in front of the immigration judge if you have an approved immigrant petition and an available visa number according to your priority date.
Your Rights in Immigration Court
- The right to be represented by an attorney (at your own expense; the government does not provide one)
- The right to an interpreter if you don't speak English
- The right to review the government's evidence and respond to it
- The right to appeal an adverse decision to the Board of Immigration Appeals within 30 days
- The right to request a continuance if you need more time to prepare or await visa availability
Common Questions
- Can I adjust status while in removal proceedings?
- Yes, if you have an approved immigrant petition (Form I-140), an available visa number based on your priority date, and you're otherwise eligible. This is called "adjustment of status while in deportation proceedings." You file Form I-485 with the immigration court, and the judge has authority to approve it. However, this path is complex and requires careful timing.
- What happens if I miss my immigration court hearing?
- The judge will issue an in absentia order of removal, which means you lose your case by default. You have limited options to reopen the case, typically only if you can demonstrate exceptional circumstances. It's critical to attend all scheduled hearings or request a continuance in advance.
- How is immigration court different from USCIS?
- USCIS is an agency that approves applications like green cards, visas, and naturalization. Immigration court is a judicial body that handles disputes about removability and certain relief applications. If USCIS denies you, you generally cannot appeal to immigration court unless removal proceedings have begun.