What Happens After Your Immigration Court Case

If the judge approves your case, you may be allowed to stay in the United States legally. This is called being granted relief from deportation. 

• There are different types of relief, and you must apply for them before your court hearing.
• Learn more in our article about court hearings.

What to do next:

• Follow any rules the judge gives you. You may have different rules to follow depending on which type of relief you get. 
• These may include not committing certain crimes, not leaving the country for long periods, or checking in with immigration.
• Breaking the rules could mean you get deported.
• Keep all your immigration paperwork in a safe place.
• Ask your lawyer if you have questions about what to do next.

If the judge denies your case, they will usually order that you be deported (also called removed).

What might happen:

• You may be taken into immigration detention and deported soon after.
• You may be given time to make travel plans and leave the U.S. on your own.
• You may be able to have another court take a second look at your case to see if the judge got it wrong. 
• This is called appealing the decision, or filing an appeal.

If you believe the judge made a mistake in your case, you may be able to appeal and have another court take a second look. 

• You usually have 30 days to file an appeal.
• You must file special paperwork with a government agency called the Board of Immigration Appeals.
• You can file paperwork with the court asking not to be deported while your appeal is being reviewed.

Appealing is very difficult without a lawyer. If you want to appeal, get legal help right away.

Find free or low-cost immigration legal help in Oregon.

If you lose your immigraiton case and are ordered removed, the judge may allow you to leave the United States on your own instead of being deported. This is called voluntary departure.

• You must leave by the date the judge gives you.
• You must follow all instructions exactly.
• This option may help you avoid having a deportation order on your record.

If you miss your immigration court hearing, the judge may order you deported without you being there. This is called an in absentia deportation order.

In some cases, you might be able to ask the court to cancel the deportation order and let you try again with your case. This is called asking the court to reopen your case. 

• You must explain to the court in a written application called a "Motion to Reopen" why you missed your hearing.
• You will need to have a very good reason, like not getting the notice, being in jail, or having a serious emergency.
• There are deadlines, and the process can be complicated. 
• Try to get legal help right away.

After court, you may feel relieved, scared, or unsure. You are not alone. There are people and organizations that can help.

Support may include:

• Legal help for appeals or new applications.
• Help preparing to leave the U.S.
• Emotional and community support.

How to find help:

• Free legal help with deportation: In Oregon, if you are low-income, you can get free legal help from a lawyer on your deportation case.
• Search out legal directory: Search our legal directory for other free and low-cost legal services.
• Find a lawyer: Contact the Oregon State Bar Lawyer Referral Services to get connected with a lawyer for a low-cost consultation. 
• Read for help: Read our article for tips on finding legal help for your immigration case.