Form EOIR-33 guide: Change of Address/Contact Information (Form EOIR-33/IC and EOIR-33/BIA)
EOIR-33 is the Executive Office for Immigration Review's (EOIR) form for changing an address and contact information. It comes in two versions: EOIR-33/IC for the Immigration Court and EOIR-33/BIA for the Board of Immigration Appeals (BIA). People in removal or appeal proceedings who move or change their phone number or email address must notify the court or the BIA handling their case within the required time.
This is the obligation in immigration court cases that is most easily overlooked, yet can have the most serious consequences. The court's hearing notices, rescheduling notices and decisions are all sent to the last address you provided; if you move without updating it, miss a hearing notice and fail to appear, the judge can order you removed in absentia. Note in particular: reporting your address to USCIS (AR-11) does not automatically update your address with the immigration court; the two must be handled separately.
Remember three things: ① after a move, file the EOIR-33 with the immigration court or BIA handling your case as soon as possible (within 5 days at the latest); ② serve a copy on the ICE attorneys at the same time; ③ separately file an AR-11 with USCIS. Each family member in court proceedings must file their own.
At a glance
| Item | Details |
|---|---|
| Official name | Form EOIR-33/IC (immigration court), Form EOIR-33/BIA (Board of Immigration Appeals), Change of Address/Contact Information |
| Where it is filed | The immigration court where the case is pending; the BIA when the case is before the BIA |
| Who files | The party in immigration court or BIA proceedings personally (an attorney can file online on the party's behalf) |
| When to file | Within 5 days of the change of address (the regulation says "5 days"; EOIR's forms and website say "5 working days"); if the address on the Notice to Appear is wrong or missing, within 5 days of receiving the notice |
| Can it be filed online? | Yes: the EOIR respondent portal, Respondent Access; attorneys use the ECAS case portal |
| Fee | None |
| Must be done separately | File an AR-11 with USCIS; if under ICE supervision, report as ICE requires |
| Official page | EOIR: update respondent information |
Who needs to file
- Respondents who have received a Notice to Appear (NTA) and whose case has been filed with the immigration court;
- Parties whose appeal or motion is pending before the BIA (file the EOIR-33/BIA);
- People whose Notice to Appear shows a wrong address or no address (8 CFR 1003.15(d)(1));
- People who change only their phone number or email address, without moving, should also update their contact information.
If your case has closed and you have no proceedings pending before the immigration court or the BIA, you generally no longer need to update EOIR, but you must still meet USCIS's AR-11 reporting obligation and any ICE supervision requirements.
Legal basis: how to read "5 days"
- 8 CFR 1003.15(d)(2): within 5 days of a change of address ("within five days"), you must notify in writing, on Form EOIR-33, the immigration court where the case was filed, or the new court if venue has changed.
- 8 CFR 1003.15(d)(1): if the Notice to Appear has no address or a wrong address, you must provide an address and phone number where you can be reached within 5 days of service.
- 8 CFR 1003.38(e): a party appealing to the BIA must file an EOIR-33 within 5 working days of a change of address.
- 8 CFR 1003.15(b)(7): the Notice to Appear must inform the party that failing to provide a current address and phone number may result in a hearing in absentia.
The immigration court regulation says "5 days" without limiting it to working days, while EOIR's forms and website say "5 working days." Because the two are worded differently, we recommend acting within 5 calendar days, the sooner the better, and ideally updating before or on the day you move.
Tips for completing the form
- Name and A-number: must match the Notice to Appear. The A-number is 9 digits; an error can result in the update going to someone else's record or not being processed.
- New address: give a complete address where you can reliably receive mail, including the apartment number; if mail goes through another person, write "In care of" and that person's name. Do not give an address where you no longer live or cannot receive mail.
- Old address, phone and email: fill these in as well to help the court match your record.
- Declaration and signature: signed by the party.
- Proof of service: a copy must be served on the ICE Office of the Principal Legal Advisor (OPLA), through the DHS ICE eService Portal, by mail or by delivery, and the proof of service must state the method and date. The form warns that failure to serve may cause EOIR to reject it.
- One per person: if several family members are in proceedings, each files separately.
How to file
- Online: parties can file online by logging in to the EOIR respondent portal (Respondent Access); attorneys and accredited representatives file through the ECAS case portal;
- Paper: mail or deliver it to the immigration court handling the case; send the EOIR-33/BIA to the BIA Clerk's Office (5107 Leesburg Pike, Suite 2000, Falls Church, VA 22041);
- Keep copies of the filing confirmation, mailing receipt and proof of service.
After filing, you can check your next hearing date through EOIR's Automated Case Information System (ACIS), and watch whether court mail starts arriving at the new address.
What EOIR-33 does not replace
| Matter | What to do |
|---|---|
| USCIS address | Noncitizens must report a move to USCIS within 10 days (AR-11 or online update) and update any pending cases |
| ICE supervision address | People under an ICE order of supervision, check-in requirements or an alternatives to detention program must report separately as ICE requires |
| Moving to another state and wanting a different court | EOIR-33 only updates the address and does not automatically change the court hearing the case; a separate motion for change of venue must be filed (8 CFR 1003.20), and until it is granted you must still appear as noticed by the original court |
| Attorney's address | The attorney updates it in EOIR eRegistry; it does not replace the party's address |
Consequences of not updating your address
- In absentia removal order: under INA 240(b)(5), if the court sends notice to the last address you provided and you fail to appear, the judge can order you removed in absentia if DHS establishes that you are removable; if the party did not provide an address as required, the law says no separate written notice is needed to proceed in absentia.
- Reopening is difficult: an in absentia removal order can generally be reopened only within 180 days on the basis of "exceptional circumstances," or at any time on the basis of "lack of notice"; if you did not receive notice because you did not update your address, reopening on that basis rarely succeeds. See In absentia removal orders and motions to reopen.
- Barred from many forms of relief for 10 years: under INA 240(b)(7), a person who received proper notice and failed to appear without exceptional circumstances is barred for 10 years after the final order from many forms of relief, such as cancellation of removal, voluntary departure and adjustment of status.
- Missed appeal and judicial review deadlines: at the BIA stage, if the decision is sent to your old address, you may miss the 30-day deadline to seek review in federal court without knowing it.
Frequently asked questions
I already changed my address on the USCIS website. Do I still need to file an EOIR-33?
Yes. USCIS and the immigration court are different agencies with different systems; the AR-11 does not update your court address, and the EOIR-33 does not update your USCIS address either. Both must be done.
I have an attorney. Will the attorney change my address for me?
An attorney can file it for you through ECAS, but the legal obligation is yours. Be sure to give your attorney your new address before you move, and confirm that it has been filed and served on the ICE attorneys.
I moved from New York to Chicago. Will my case automatically transfer to the Chicago court?
No. The EOIR-33 only updates your address. To change courts you must file a separate motion for change of venue, and until the judge grants it you must still appear as noticed by the original court.
I am only staying with a friend temporarily. Do I need to change my address?
What matters is whether court mail will reach you in time. If you can no longer receive mail at the old address, update it as soon as possible to an address where you can (you can name the person receiving it for you), so that court notices do not go astray.
What if I realize more than 5 days after moving that I did not update my address?
File the EOIR-33 immediately and serve the ICE attorneys, and check ACIS for any new hearing dates. If you have already missed a hearing or received an in absentia removal order, consult an attorney as soon as possible to assess whether reopening is possible.
My whole family is in the same case. Can we file just one form?
No. EOIR requires each person with a pending case to file a separate EOIR-33/IC or EOIR-33/BIA.
Official sources
- EOIR: updating a respondent's address and contact information
- EOIR downloadable forms page (EOIR-33/IC, EOIR-33/BIA)
- EOIR respondent portal (Respondent Access)
- Federal regulations: 8 CFR Part 1003 (including 1003.15 and 1003.38)
- U.S. Code: 8 U.S.C. 1229a (INA 240, proceedings in absentia)
Related reading
- Form AR-11 guide: reporting a change of address to USCIS
- What to do if you receive a Notice to Appear (NTA)
- In absentia removal orders and motions to reopen
- Form EOIR-26 guide: appealing to the BIA
Worried about missing immigration court notices after a move, or have you already missed a hearing because of an address problem? Book an attorney assessment. We will first check your case status and hearing schedule, and then explain the steps needed to fix the situation.
This article is general information, not legal advice. Immigration court procedures and policies change quickly, and outcomes depend on the specific facts. If you have received a Notice to Appear or a family member has been detained, consult an attorney as soon as possible.