Preparation checklist for your first immigration court appearance
- Ensure you know your court appearance’s exact date, time, and location.
- Bring your Notice to Appear (NTA) document
- Carry any identification documents (passport, ID card)
- Have any relevant legal documents or evidence
- Prepare a list of questions or concerns to discuss with the judge
Since the arrival of more than 180,000 asylum seekers in New York City, many have sought pro-bono immigration lawyers to ask for advice but, due to the high demand for legal services, have been unable to reach help. As a result, they missed their court dates.
We spoke with immigration attorney Rebecca Press, co-founder and co-executive director at Co-Counsel NYC, to explain the purpose of the first court date and the repercussions of missing it.
This article, along with the quotes mentioned, are solely for informational purposes only and is not legal advice. For legal assistance please see our list of Pro-bono Lawyers in New York. This article was last updated March 4, 2025.
What happens during the first court appearance at an immigration court?
When an asylum seeker is put in removal proceedings, they are given a Notice to Appear (NTA), Form I-862. The form lists the date, time, and immigration court location where the asylum seeker (defendant) must show up.
The first court meeting is a preliminary court meeting, Press said. “It is where the judge wants to make sure that the right person is there. That the name is correct. That the address is correct and they also want to know what the best language is.”
Press added that it is also where the defendant can let the judge know if they have an attorney or if they will need more time to find an attorney.
What to expect at your Master Calendar Hearing, also known as a preliminary hearing
Most people have multiple immigration court hearings. Your first court hearing is called a Master Calendar Hearing or preliminary hearing. It is possible that you will have several Master Calendar Hearings or preliminary hearings before you have your final individual hearing, where the judge will decide your case.
There are three important government actors involved in your immigration court hearings:
- The immigration judge. The judge will hear evidence from you and from the immigration agency and will decide your case.
- The government attorney. This attorney represents ICE and will argue for your removal from the United States.
- The interpreter. You have a right to an interpreter in immigration court proceedings. If the court has not provided an interpreter in your best language (including any dialect you may speak), you should inform the judge and your lawyer, if you have one.
If you don’t have a lawyer, it is okay. Remember, the most important first step is to attend your hearings. If you don’t have a lawyer at your initial hearing, you may ask the judge for time to find a lawyer. The court may have a list of free or low-cost attorneys. If you miss a hearing, it is very likely the judge will order you removed and deported.
When and how will I receive the Notice to Appear?
A NTA is given to asylum seekers when they are released from the custody of the U.S. Customs and Border Protection (CBP).
Attend all immigration court hearings and regularly check your court hearing date
The most important first step is to ensure you know when your next court hearing is and to attend all immigration court hearings. If you miss a hearing, it is very likely that the judge will issue you a removal order in absentia, which means you will have to leave the U.S., and it is possible that immigration agents will take you into detention and deport you. Your hearing location, date, and time are all indicated on your Notice to Appear (NTA), a document you may have been issued at the border or received in the mail. The hearing information on your NTA may change. It is extremely important to keep your address up to date so that you do not miss important mail from the immigration court. Please learn how to update your address with immigration authorities.
It is highly recommended to check your immigration court hearing online or by calling the immigration court hotline. There are two options to do this:
- Visit the immigration court website and enter your A number
- Call the immigration court hotline at 1.800.898.7180
If you recently arrived to the U.S. from the border, your information may not yet be in the immigration court system. It is recommended to check the immigration court website or call 1.800.898.7180 every week to check if they have updated your case in the system and to ensure you have the correct date, time, and address for your hearing.
What happens if I miss the first court date?
Missing the first immigration court appearance, and any court appearance in general, is not recommended. A judge will issue an In Absentia Order, which places the defendant under removal proceedings if the individual was not present and is subject to removal.
“If you don’t go to it, then you should assume that they have a deportation order,” Press said.
Are there any circumstances that can be an exception to missing a court date?
If you missed the court appearance and are ordered to be removed, you will have to have extraordinary circumstances as to why you missed the hearing, such as not receiving the notice to appear or being detained, for example. “Not having a lawyer is not an excuse,” Press said, adding that people should always make sure the court date is correct in their NTA document.
Do I need an attorney to go to immigration court?
Press reiterated that people do not need an attorney to attend the meeting and that not having an attorney is not an excuse to miss the court meeting. “It’s a quick appearance and you should not be afraid to go.”
The immigration court process is long and complex. It is best to have the support and advice of an experienced legal expert.
Please contact us with any questions about how to access legal assistance in New York via Messenger or WhatsApp.
Can I attend my court hearing online?
In some cases, the hearing can be attended online, Press said. “The hearing notice will say like, your hearing is via the internet or your hearing is in person. And whatever it says is what they should do.”
What if I want to change my immigration court venue?
If you moved out of the state where your original hearing will be held, you can request to change your hearing to another immigration court. This process is known as Motion to Change Venue. More information on how to change venues can be found here.
What if I need a translator or language assistance at court?
You can request language assistance for your court appearance if you are not fluent in English. It’s important to inform the court beforehand to ensure you understand the proceedings and communicate effectively. Interpreters are also available in more than 100 languages, and the court offers free sign language interpreters for hearing-impaired individuals.
To request an interpreter, contact the Chief Clerk’s Office of the court you are attending or call the Office of Court Interpreting Services at (646) 386-5670.
