Immediate Deadlines
- Notify USCIS of address change (Form AR-11):Within 10 days of every move (8 USC § 1305)
- Appear at Master Calendar Hearing:Date stated on Notice to Appear (NTA) — failure = in absentia removal order
- File Notice of Appeal to BIA from immigration judge ruling:30 days from the IJ decision (8 CFR § 1003.38)
- Motion to reopen removal in absentia:Within 180 days for exceptional circumstances; no time limit if you never received the NTA
- File petition for review in federal circuit court:30 days from final BIA order (8 USC § 1252(b)(1))
Documents You'll Need
- Passport with all visa stamps and entry/exit records
- Most recent I-94 (download from i94.cbp.dhs.gov)
- All USCIS notices and receipt numbers
- Green card (Form I-551), EAD, or other status documents
- Notice to Appear (NTA) and any prior immigration court orders
- Marriage certificates, birth certificates, divorce decrees
- Tax returns and proof of continuous residence (utility bills, leases)
- Police records for any arrest or conviction (certified court dispositions)
Step-by-Step
Identify your current status and what changed
Pull your I-94 admission record from the CBP website to confirm your authorized stay. Identify the specific event — visa overstay, denial of an extension or change of status, criminal arrest, immigration raid, NTA receipt, or denial of a petition. Note every date precisely. Status problems compound quickly: an unauthorized stay over 180 days triggers a 3-year bar; over 1 year triggers a 10-year bar (INA § 212(a)(9)(B)).
Update your USCIS address immediately (Form AR-11)
Federal law (8 USC § 1305) requires every noncitizen to notify USCIS of any address change within 10 days, with limited exceptions. File Form AR-11 online — it's free and takes 5 minutes. Missing notices because USCIS has your old address can lead to in absentia removal orders. The AR-11 does not update addresses on pending cases — you must update each pending application separately or call USCIS.
Read every notice carefully and calendar deadlines
USCIS notices use specific terms: RFE (Request for Evidence — usually 87 days to respond), NOID (Notice of Intent to Deny — 33 days), denial, or NTA (Notice to Appear in immigration court). Each has different deadlines and procedures. EOIR notices list a hearing date, time, and immigration court. Missing a hearing typically results in an in absentia removal order — automatic deportation without further proceedings.
Determine the correct forum: USCIS, EOIR, BIA, or federal court
USCIS handles affirmative applications (green cards, naturalization, asylum, status extensions). EOIR Immigration Courts handle removal proceedings. The BIA hears appeals from immigration judge decisions. Federal courts of appeals review final BIA orders via petition for review. Each forum has different forms, deadlines, and procedures. Filing in the wrong forum wastes time you may not have.
Respond to USCIS or appear in immigration court
If USCIS issued an RFE or NOID, gather evidence and respond before the deadline. If you have an NTA, appear at the Master Calendar Hearing — even if you don't have an attorney yet. The judge will usually continue the case to let you find counsel. Pleadings (admit/deny the NTA allegations, designate country of removal) happen at the next individual hearing. Asylum applications must be filed within 1 year of last entry (INA § 208(a)(2)(B)).
Pursue relief from removal
Common forms of relief: cancellation of removal (10 years residence + exceptional hardship for non-LPRs; 7 years residence + 5 years as LPR for LPRs), asylum/withholding/CAT protection, adjustment of status if eligible, voluntary departure (avoids removal order), prosecutorial discretion. Each requires specific forms (I-589 asylum, EOIR-42A/42B cancellation) and evidence. Some forms of relief are barred by criminal convictions, fraud, or prior removals.
Appeal adverse decisions on time
If the immigration judge rules against you, file Notice of Appeal (Form EOIR-26) with the BIA within 30 days — no extensions. Filing fee $110 or fee waiver. After BIA denial, file a petition for review in the U.S. Court of Appeals for the circuit where the IJ decided your case within 30 days (8 USC § 1252(b)(1)). This deadline is jurisdictional — courts have no power to extend it. Filing a petition for review does NOT automatically stay removal; request a stay separately.
How This Varies by State
Immigration law is exclusively federal — states cannot grant or revoke status. However, state criminal convictions trigger immigration consequences. Convictions for aggravated felonies (INA § 101(a)(43)), controlled substance offenses, domestic violence, and crimes involving moral turpitude can render noncitizens deportable, inadmissible, or ineligible for most relief. States vary on how they treat noncitizens in licensing, in-state tuition, driver's licenses (many states issue licenses regardless of status; others require lawful presence), and sanctuary policies regarding ICE cooperation. California, Illinois, New York, and Washington offer state-funded immigration legal services.
Federal Law Considerations
Immigration is governed by the Immigration and Nationality Act (INA), Title 8 of the U.S. Code, and 8 CFR. USCIS handles benefit adjudications; ICE handles enforcement and detention; CBP handles border processing. EOIR (within DOJ) operates the immigration courts and BIA. Real ID Act of 2005 limits judicial review of certain discretionary decisions. The 1996 IIRIRA created the 3- and 10-year unlawful-presence bars and expanded the definition of aggravated felony. INA § 240A cancellation of removal is capped at 4,000 grants per year for non-LPRs.
Common Mistakes to Avoid
- Missing a Master Calendar Hearing — leads to in absentia removal order and 5-year bar
- Failing to file AR-11 within 10 days of address change
- Leaving the U.S. while in removal proceedings (self-deportation, loses defenses)
- Filing the wrong form or in the wrong office (USCIS vs. EOIR confusion)
- Pleading guilty in criminal court without consulting immigration counsel (Padilla v. Kentucky duty)
- Missing the 1-year asylum filing deadline after last entry
- Filing applications without supporting evidence (results in denial or RFE)
Official Resources
Related Resources on This Site
Forms
- form ar 11 address change
- form i 589 asylum
- form eoir 26 notice of appeal
- form eoir 42b cancellation
When to Get a Lawyer
- Any case involving removal proceedings, detention, or NTA
- Criminal arrests or pending charges with immigration consequences
- Asylum applications (success rates with counsel are 5x higher)
- Denials of adjustment, naturalization, or DACA
- Any deadline you're unsure how to calculate
Frequently Asked Questions
What happens if I miss my immigration court hearing?
Can I be deported for a misdemeanor?
Do I have a right to a free lawyer in immigration court?
Can a U.S. citizen relative help me get status?
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.