Attorney speaks English, Chinese & French | Chicago office (312) 519-1115
Home › Immigration tools › Immigration court next steps

Immigration court: what to do next

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

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

A family member was detained by ICE

You have a removal order (including in absentia)

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.

ReliefMain requirements (simplified)Learn more
Non-LPR cancellation of removal10 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 yearEOIR-42B, 10-year check
Asylum, withholding, CATAsylum generally within 1 year of last arrival (with exceptions); withholding and CAT have no 1-year deadline but a higher standard of proofI-589
Adjustment of status in courtAn available immigrant visa; generally inspected and admitted or paroled (or 245(i)); admissible or waiver grantedRelief overview
Voluntary departureUp to 120 days before proceedings conclude, up to 60 days at the conclusion; serious consequences for failing to departVoluntary departure
Motion to reopenNew facts, new evidence or new eligibility; generally within 90 days and only once; separate rules for rescinding in absentia ordersMotions to reopen

Legal basis

ItemRuleBasis
Change of addressNotify the immigration court on Form EOIR-33 within 5 days of an address or phone change, and serve DHS8 CFR 1003.15(d)(2)
In absentia orderA person who does not appear after written notice is ordered removed if DHS establishes notice and removabilityINA 240(b)(5)(A)
RescissionExceptional circumstances: within 180 days; no notice or in custody: any time; filing stays removal pending the judge’s decisionINA 240(b)(5)(C)
Reopening and reconsiderationMotion to reopen generally within 90 days, one motion; motion to reconsider within 30 daysINA 240(c)(6), 240(c)(7)
Non-LPR cancellation10 years’ continuous physical presence, good moral character, no disqualifying convictions, exceptional and extremely unusual hardship to a qualifying relativeINA 240A(b)(1), 240A(d), 240A(e)
Asylum one-year deadlineGenerally within 1 year of last arrival, with exceptions for changed or extraordinary circumstancesINA 208(a)(2)(B)
Detention and bondDiscretionary detention under 236(a) allows bond requests; mandatory detention under 236(c) and detention under 235(b) generally do not allow bond from a judgeINA 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

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.