When someone is arrested by ICE for entering the U.S. without permission, they might receive a notice for a court hearing far away. This changing immigration court article looks at how to change the location of that hearing so friends and family can be there to support them. It explores the options and steps needed to make this happen.
Understanding the Notice to Appear (NTA)
ICE arrests individuals who are aliens without proper documents and mandates that they receive a Notice to Appear (NTA). These individuals must not share specific details, including the court date and location. Typically, the court location aligns with the place of arrest. Consequently, many undocumented immigrants find themselves in a predicament where they are the sole members of their families with established lives in another state, leaving them with limited options for visiting friends or family.
Locating the Immigration Court Assigned to the NTA
When reflecting on your NTA, you will note that it dictates the immigration court where you as a non-citizen will need to go. In general, the criminal court in the area where you were found deals with your case unless you were there without lawful permission. However, it’s important to note that the Executive Office for Immigration Review (EOIR) provides immigration courts, which operate in numerous locations throughout the United States, and venue changes may be possible for your immigration hearing.
Requesting a Change of Venue
It’s important to note that while you can request a change of venue, it is not guaranteed.
Steps to Request a Change of Venue
Steps to Request a Change of Venue
- Determine Eligibility:
- Ensure that you have a valid reason for requesting a change of venue, such as moving to a different location or needing to be closer to family or legal representation.
- Complete Required Forms:
- Form EOIR-33: This form is used to notify the immigration court of a change of address. You must file this within five days of moving.
- Motion to Change Venue: This is a separate document that must be prepared and submitted. There is no official template, but it must include specific components.
- Prepare the Motion:
- Include the following elements in your motion:
- Title Page: Clearly state “MOTION TO CHANGE VENUE”.
- Body of the Motion: Request the change and provide reasons for it.
- Supporting Documents: Attach proof of your new address (e.g., lease agreement, ID).
- Draft Order: Prepare a proposed order for the immigration judge.
- Proof of Service: Certify that you have served copies of the motion to the trial attorney.
- Include the following elements in your motion:
- Include Hearing Details:
- Provide the date and time of your next court hearing. Respond to all allegations in your Notice to Appear (NTA) and indicate any defenses or relief you plan to seek.
- Submit the Motion:
- File your motion with the immigration court where your case is currently assigned. Make sure to follow any procedural rules specific to that court.
- Attend Scheduled Hearings:
- You must attend all scheduled hearings until the judge rules on your motion.
Failing to appear could result in an order of removal in absentia.
- You must attend all scheduled hearings until the judge rules on your motion.
- Wait for a Decision:
- The immigration judge will assess your request and decide to approve or deny it based on your reasons and any prior delays in the case.
- The immigration judge will assess your request and decide to approve or deny it based on your reasons and any prior delays in the case.
Additional Considerations
It is advisable to consult with an immigration attorney before filing, as they can provide guidance tailored to your specific situation and help ensure compliance with all procedural requirements.
There is no filing fee for a motion for a change of venue.
Preparing the Request
An application for a change of venue constitutes an official legal pleading, and therefore, it must adhere to the guidelines outlined in the Immigration Court Practice Manual, along with other legal requirements. Hence, it’s advisable to seek guidance from a lawyer when filling out this request, as immigration law encompasses a wide scope, necessitating the expertise of an attorney to handle such matters effectively.
Seeking Legal Assistance
When in need of immigration services, it is difficult to maneuver through the immigration courts if one does not possess legal experience. To ensure you’re well-prepared for your hearing, consider these options:
Hire an Attorney: However, because the court hearing involves technical issues such as a change of venue, it is highly advisable to seek the services of an attorney to assist in the process and be by your side during the hearing of your case. They have all the information needed on the process and will ensure they take you through it right.
Nonprofit organizations abound, and most of them offer legal assistance in immigration-related cases at fixed or low fees. Some may even assist in locating a lawyer who is volunteering or a law firm that offers services for free. You may refer to the Immigration Court’s list of providers who have affixed their services at lower immigration legal service fees.
In conclusion, though it’s possible to change the venue of an immigration court hearing, there’s no guarantee, that the immigration judge ultimately makes the decision. To increase your chances of success, make sure you prepare your request well, follow court requirements, and think about getting legal assistance. By taking these steps, you can navigate the changing immigration court system more effectively and secure the support you need during this crucial process.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your immigration process straightforward and successful. Whether you’re navigating changing immigration court procedures or applying for an Adjustment of Status Applicants or Nonimmigrant Visa Holders, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients navigate changing immigration court processes and secure the visas/permits they need. Call us today at +234 812 5505 986 to learn how we can assist you.
