Asylum Process in Immigration Court
If you have a case in immigration court, you can apply for asylum by submitting an asylum application (Form I-589) to the immigration court and attending all your court hearings. The immigration court sends important information by mail, so it is important to update your address if you move!
Here are the general steps of the immigration court process:
- U.S. government officials should give you a Notice to Appear (“NTA”). Keep it in a safe place.
- Check the immigration court system every week to learn when you have your first court hearing scheduled. The first hearing is called a “master calendar hearing” and is usually very short. You may have more than one master calendar hearing depending on your situation (for example, if you ask for more time to find an attorney).
- Attend all your immigration court hearings. If you miss a hearing, the immigration judge will most likely order your deportation.
- Submit your asylum application (Form I-589) to the immigration court, within one year of the date you arrived in the United States. You can ask the immigration court to give you a stamped copy of the first page to save for your records, although this is not required.
- Submit a copy of the first three pages of your asylum application to USCIS. USCIS should mail you a receipt notice for your asylum application.
- USCIS should then mail you a notice for a biometrics appointment to collect your fingerprints. Go to your biometrics appointment.
- Apply for a work permit. Asylum seekers can apply for a work permit 150 days after they submit their asylum applications.
- After receiving your asylum application, the immigration court should schedule an “individual hearing.” This is a longer hearing to explain more about your asylum case.
- Submit evidence in writing to support your asylum case before your individual hearing. The immigration judge should tell you a deadline for doing this.
- Go to your individual hearing and present your asylum case.
After the individual hearing, the immigration judge will decide whether or not to grant asylum. The judge may tell you their decision during the hearing, or you might receive the decision in the mail. If the immigration judge grants you asylum, you and any family members that you included in your asylum application will receive asylum. If an immigration judge decides not to grant you asylum, you can fight the judge’s decision by starting an appeal to the Board of Immigration Appeals within 30 days.
How long does the immigration court process take?
The length of an immigration court case can vary a lot. If you apply for asylum, your case can sometimes take several years to be completed. Other times, it can take less than one year. The length of time your case takes does not mean anything about whether or not you will win asylum.
It is important to remember that you cannot be deported while your case is still pending. However, if you miss an immigration court hearing, you will most likely receive a deportation order. Please remember to check your case status, keep your address updated, and attend all hearings.
What should I know before going to the immigration court?
You should plan to arrive early for your hearing (about 30 minutes before your scheduled time). You will need to go through a security check before you enter the immigration court. Many immigration courts do not allow food or drinks.
The immigration court is usually located in a building with other government offices. You can check your hearing notice to see which floor and room you need to go to. Often, an immigration court has multiple courtrooms. Make sure that you go to the correct courtroom.
What will happen during my first hearing in immigration court?
During your first hearing, the judge should ask you some initial questions about your case, and schedule you for your next hearing. The first hearing is usually very short.
It is very important to attend your first hearing in immigration court! If you do not go, an immigration judge will likely give you a deportation order.
When you arrive for your first hearing, the courtroom may be crowded. This is because the judge usually has multiple hearings scheduled at the same time. You may have to wait several hours before your name is called for your hearing.
If you do not have an attorney, you can ask the judge for more time to find a lawyer, if you would like. If you ask the judge for more time, it could delay your application for a work permit. It is not necessary to bring a lawyer to the hearing. If you do have a lawyer, you can talk to your lawyer about your specific case.
You must bring your children to your first hearing if your children are included in your case. During the first hearing, ask the judge if you need to bring your children to your next hearing. You must continue to bring your children to each hearing until the judge says you do not have to bring them.
This first hearing is also known as a “master calendar hearing.” Depending on your case, you may have just one master calendar hearing, or you may have multiple master calendar hearings.
What will happen during my next master calendar court hearings?
Depending on your case, you might have multiple other “master calendar” hearings after the first hearing. These master calendar hearings are usually very short, and the immigration judge will ask you initial questions. You normally do not discuss the details of your asylum case during a master calendar hearing. The next step after the master calendar hearings is an individual hearing, when you explain your asylum case.
The most important thing is to go to these immigration court hearings! If you do not go to a hearing, an immigration judge can give you a deportation order.
If you do not have a lawyer, you can ask the judge for more time to find a lawyer. You can still do this even if you had already asked the judge for more time to find an attorney during your first hearing. The judge may ask you what efforts you made to find an attorney, so you should come prepared with an answer. For example, you can bring a written list of all the places you have called to look for representation. If you do have a lawyer, you can talk to your lawyer about your specific case. If you ask the judge for more time to find an attorney, it could delay your application for a work permit.
If you asked the judge during the first hearing if you needed to bring your children to your hearings, and the judge said no, then you do not need to bring your children to the hearing.
But if the judge did not tell you whether or not you needed to bring your children, then it is better for you to go with your children, if your children are included in your case. During the hearing, you can ask the judge if you have to bring your children to the next hearing. You must bring your children with you until the judge says you do not have to bring them.
What will happen during my merits or individual hearing?
The individual hearing is also known as the merits hearing. During this hearing, you will present your asylum case to the judge. You will explain your story and your reasons for seeking asylum. You may also present evidence such as documents and witnesses to support your case.
During an individual hearing, the only people allowed in the courtroom are you, the judge, the judge’s clerk, the government attorney, an interpreter (if needed), and other people who you have invited. No one is allowed to talk about your story outside of the courtroom. As you share your story, the judge will likely ask you questions. The government attorney may also ask you questions. The government attorney usually makes arguments to the immigration judge about why you should not win asylum.
Based on this hearing, the immigration judge will decide if you will be granted asylum.
Many people refer to the merits hearing as the last court hearing, however, the merits hearing is not always the last court hearing.
If you can, it is very helpful to find a lawyer who can represent you during this hearing. The results of past asylum cases suggest that it can be very difficult to win asylum in immigration court without legal help.
If you cannot find a lawyer to represent you at your individual hearing, you can represent yourself.
Remember that if the judge denies your case during the merits hearing, you still have the right to fight that decision by appealing your case to the Board of Appeals (BIA). You cannot be deported while your appeal is pending. But you must take the first step and submit your appeal within 30 days of the judge’s decision!
If the judge denies your asylum case at the end of your merits hearing, the judge may ask you if you want to “reserve your right to appeal.” In other words, the judge is asking you if you want the opportunity to appeal their decision. You can answer yes, even if you are not sure you want to appeal. If you say no, you are telling the judge that you are giving up your right to appeal, which means you will not be able to fight the judge’s decision. Saying no will make the judge’s decision final.
If the judge grants you asylum, it is generally safe to tell the judge you do not want to appeal. However, the government attorney may say that they want to appeal the judge’s decision to grant you asylum.
This resource was created by the Asylum Seeker Advocacy Project (ASAP) and edited by Immigrant Advocates Response Collaborative (I-ARC). You can view the original resource and any updates on ASAP’s website here:
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