Immigration court: what to do next
Receiving a Notice to Appear (NTA), learning that a family member has been detained by U.S. Immigration and Customs Enforcement (ICE), or discovering an old removal order is frightening. Yet what needs to happen in the first days is fairly clear: do not miss a hearing, keep your address current, locate the person, confirm the case status, keep every document, and have an attorney evaluate what relief may be available as soon as possible.
Answer the questions below. The tool lists the most urgent action items first, then relief worth discussing with an attorney, with links to our detailed guides. Everything runs in your browser; nothing is uploaded.
First steps by situation
You received an NTA and your case is in immigration court
- Attend every hearing. Missing one usually results in an in absentia removal order (INA 240(b)(5)(A)), and the conditions and deadlines for undoing it are strict.
- Check your hearing information. Use the A-number on your NTA in EOIR’s Automated Case Information system (ACIS) or at 1-800-898-7180. The court may have changed the time on your NTA, so rely on the latest court notice; if you cannot find a case, DHS may not have filed the NTA yet — check regularly.
- Update your address. File Form EOIR-33 with the court within 5 days of moving and serve a copy on DHS; every family member with an A-number files separately. See our EOIR-33 guide.
- Keep your documents and talk to a lawyer early. You may be asked to plead to the charges at your first (master calendar) hearing, and admissions are hard to withdraw later. See What to do after receiving an NTA.
A family member was detained by ICE
- Locate them: search ICE’s Online Detainee Locator, ideally with the 9-digit A-number and country of birth; newly detained people may not appear right away.
- Exercise rights lawfully: they may remain silent and ask to contact a lawyer, should not sign documents they do not understand (especially ones agreeing to leave or giving up a hearing), and should not make false statements.
- Assess bond: access to a bond hearing before an immigration judge depends on the detention authority, manner of entry and criminal record. Whether people who entered without inspection can get bond hearings was hotly contested in 2025–2026: the BIA’s Matter of Yajure Hurtado conflicts with most federal circuit courts, and the Supreme Court agreed in October 2026 to hear the issue. See Detention and bond.
You have a removal order (including in absentia)
- Confirm whether and when the order became final. A motion to reopen is generally due within 90 days and a motion to reconsider within 30 days.
- In absentia orders: a motion to rescind based on exceptional circumstances must be filed within 180 days; one based on lack of proper notice or being in custody can be filed at any time and automatically stays removal until the judge decides. See In absentia orders and motions to reopen.
- Do not leave on your own. Departing with a final removal order is generally treated as executing it and triggers years of inadmissibility.
- ICE check-ins: attend them, but have an attorney review your case first; filing an I-246 stay request does not automatically stop removal. See After a final order of removal.
USCIS denied your application
When an application is denied and the person has no lawful status, USCIS may issue an NTA. Check ACIS regularly with your A-number, make sure USCIS (AR-11) and, later, the immigration court (EOIR-33) have your current address, and have an attorney review your options after the denial and the relief you could raise in court.
Common forms of relief at a glance
Being found removable does not mean you will necessarily be removed. Relief depends on manner of entry, time in the U.S., family ties, criminal history, country conditions and more. This is only a summary; see Relief from removal: an overview.
| Relief | Main requirements (simplified) | Learn more |
|---|---|---|
| Non-LPR cancellation of removal | 10 years of continuous physical presence (subject to the stop-time rule); good moral character; no disqualifying convictions; “exceptional and extremely unusual hardship” to a U.S. citizen or LPR spouse, parent or child; 4,000 per fiscal year | EOIR-42B, 10-year check |
| Asylum, withholding, CAT | Asylum generally within 1 year of last arrival (with exceptions); withholding and CAT have no 1-year deadline but a higher standard of proof | I-589 |
| Adjustment of status in court | An available immigrant visa; generally inspected and admitted or paroled (or 245(i)); admissible or waiver granted | Relief overview |
| Voluntary departure | Up to 120 days before proceedings conclude, up to 60 days at the conclusion; serious consequences for failing to depart | Voluntary departure |
| Motion to reopen | New facts, new evidence or new eligibility; generally within 90 days and only once; separate rules for rescinding in absentia orders | Motions to reopen |
Legal basis
| Item | Rule | Basis |
|---|---|---|
| Change of address | Notify the immigration court on Form EOIR-33 within 5 days of an address or phone change, and serve DHS | 8 CFR 1003.15(d)(2) |
| In absentia order | A person who does not appear after written notice is ordered removed if DHS establishes notice and removability | INA 240(b)(5)(A) |
| Rescission | Exceptional circumstances: within 180 days; no notice or in custody: any time; filing stays removal pending the judge’s decision | INA 240(b)(5)(C) |
| Reopening and reconsideration | Motion to reopen generally within 90 days, one motion; motion to reconsider within 30 days | INA 240(c)(6), 240(c)(7) |
| Non-LPR cancellation | 10 years’ continuous physical presence, good moral character, no disqualifying convictions, exceptional and extremely unusual hardship to a qualifying relative | INA 240A(b)(1), 240A(d), 240A(e) |
| Asylum one-year deadline | Generally within 1 year of last arrival, with exceptions for changed or extraordinary circumstances | INA 208(a)(2)(B) |
| Detention and bond | Discretionary detention under 236(a) allows bond requests; mandatory detention under 236(c) and detention under 235(b) generally do not allow bond from a judge | INA 235(b), 236(a), 236(c) |
Common questions
Does receiving an NTA mean I will be deported?
No. The NTA only starts the case. DHS must prove its charges, you can contest them, and you may apply for relief such as asylum, cancellation of removal or adjustment of status. Outcomes depend on the facts and evidence, and no one can guarantee a result, but preparing early gives you more options.
I cannot find my case online. Do I still need to go?
Do not assume otherwise. DHS may not have filed the NTA with the court yet. Check regularly and make sure the court and DHS have your current address; once the case appears, attend as noticed.
If I just leave the U.S., does the problem go away?
Not necessarily. Leaving while a court case is open may lead to an in absentia order; leaving with a removal order, or after accruing unlawful presence, can trigger multi-year reentry bars. DHS’s “CBP Home” self-departure program is also different from judge-granted voluntary departure. Talk to an attorney before leaving.
I am not in Illinois. Can you represent me?
Yes. Immigration court applies federal law, and attorneys may appear in immigration courts nationwide. Whether video or remote appearance is allowed is up to each court and judge; we will explain the arrangements before taking the case.
Related reading
- Removal defense
- Master calendar and individual hearings
- Criminal records and immigration consequences
- Non-LPR cancellation of removal: 10-year check
Received an NTA, have a detained family member, or have a removal order and want to know your options? Book an attorney review or call (312) 519-1115. We will review your documents and deadlines first, then explain the possible options and risks.
This page 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.