What to Expect When You Go to Immigration Court

This article is part of a guide to immigration court cases. Go here to see the guide and links to other articles.

If you are facing a deportation case in immigration court, it's normal to feel nervous or unsure. Many people feel scared or confused before their hearing. Understanding what to expect can help you feel more prepared and in control.

This article explains:

• The types of immigration court hearings.
• What happens at each hearing.
• What you can say and do.
• How to get legal help.

You have rights, even if you are undocumented. You have the right to:

• Have a free interpreter if you don't speak or understand English well. You can say: "Your Honor, I need an interpreter."
• Have a lawyer help you and represent you in court (but the government will not give you one).
• Bring family or supporters with you if you are not in a detention center.
• Get a copy of your case file and the documents the government is using for their case against you.

The two main types of hearings

When you have to go to court and talk to a judge about your case, that is called a hearing. There are two main types of hearings when you  are in immigration court:

• The "master calendar" hearing: This is usually your first hearing and is often short.
• The "merits" hearing: This is your main hearing where you present your case.

Depending on your case, you may have more hearings. 

• If you are being held in a detention center, your hearings may happen more quickly or over video. 
• You may have another kind of hearing called a "bond" hearing where you can ask a judge to release you from detention. Learn more about hearings in detention here.

Your first hearing: the master calendar hearing

This hearing is often short and may only last a few minutes. Here's what usually happens:

1. The hearing is in person, at an immigration court building or a detention center. In some cases, the master calendar may be by telephone or video.
2. A lawyer for the government will also be there. 
3. If you have a lawyer, they should be standing next to you, answering the judge's questions for you.
4. The judge will ask if you understand the information in your Notice to Appear and whether it is correct. You should answer clearly and honestly. Read more about your Notice to Appear here.
5. The judge may ask whether you want to apply for relief (a way to stay in the United States).

If you want to stay in the United States, you must say so.

• You can say: "Yes, Your Honor, I would like to apply for relief."
• The judge will give you a deadline to submit your application and schedule your next hearing.

If you do not have a lawyer yet:

• You should still go to your hearing even if you don't have a lawyer.
• You can ask for more time to find one. 
• Many judges will give you extra time to find a lawyer if you show up for your hearing on time and ask respectfully.

What is "relief" from deportation?

"Relief" means asking the judge for legal permission to stay in the United States. There are different kinds of relief. Each has different requirements.

Some of the most common types of relief are:

• Asylum: You fear serious harm in your home country because of your race, religion, political opinion, nationality, or social status (called a particular social group).
• Cancellation of removal: You have lived in the United States for many years, and your deportation would cause serious difficulty for a family member who is a U.S. citizen or permanent resident.
• Adjustment of status: You qualify for a green card (lawful permanent residence) and want to apply from inside the United States.

To apply for relief, you must fill out forms, give the court proof if you have any, and follow specific rules. Some kinds of relief, like asylum, have strict deadlines.

It is very important to get legal help. A lawyer can help you understand whether you might qualify for any of these or other options to avoid deportation. They can also help you fill out the paperwork to apply. 

How to find immigration legal help.

Your second hearing: the merits hearing

This is your main hearing. It may last hours or more, depending on your case.

• You will explain your situation and why you should be allowed to stay.
• You may bring evidence, like letters from family, school or medical records, or other documents that support your case. You can also have family members or experts, like doctors, speak in support of your case.
• The judge and the government lawyer may ask you questions.
• If you have a lawyer, they will help you prepare, present your case, ask you questions, and speak on your behalf.

Sometimes the judge will give a decision at the end of the hearing. Other times, the judge will send the decision by mail or schedule another hearing.

Follow-up hearings

You might have more hearings if:

• You need more time to prepare or find a lawyer
• The judge needs more documents or information
• There are delays in scheduling

These are common. They do not mean you've done anything wrong. Make sure to go to every hearing and keep track of your next court date.

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