Immigration court representation means an attorney appears in U.S. immigration court, files documents and applies for relief on behalf of a person who received a Notice to Appear (NTA). Immigration court is run by the Executive Office for Immigration Review (EOIR), part of the Department of Justice, not by USCIS. After receiving an NTA, three things matter most: your address must be correct, you cannot miss a hearing, and you cannot miss a deadline. This article applies to federal immigration proceedings and explains court locations in New York. The information below is current as of November 6, 2026.
What immigration court handles
EOIR includes the immigration courts and the Board of Immigration Appeals (BIA). Immigration judges decide whether a person is removable, hear applications such as asylum, withholding of removal, protection under the Convention Against Torture and cancellation of removal, and also handle detention and bond. Immigration applications such as Form I-130, work permits and naturalization applications are not decided by immigration judges.
New York City has three immigration courts: 26 Federal Plaza, 290 Broadway and 201 Varick Street. Upstate there are Buffalo and Ulster; the Batavia court closed on July 24, 2026. Which one your case is in depends on the court's notice.
How to read an NTA
The NTA (Form I-862) is issued by the Department of Homeland Security (DHS) and states the nature of the proceedings, the legal authority, the alleged facts, the provisions of law allegedly violated, and the consequences of failing to appear. Check your name, nationality, date of entry and manner of entry line by line. If anything is wrong, tell your attorney, and do not casually admit anything at the hearing.
Proceedings begin only when DHS files the NTA with the court. Unless you request an earlier date in writing, the first hearing may not be earlier than 10 days after the NTA is served. You can use your A-number to check the hearing date on EOIR's case status website (ACIS), but that website is not legally binding, and the court's notice controls.
Three deadlines you cannot miss
- Change of address: 5 days. File Form EOIR-33 with the court within 5 days after you move. If the address on the NTA is wrong or missing, you must also correct it within 5 days after service. A court notice mailed to the last address you provided counts as valid.
- Hearings: do not miss them. If DHS shows that you were notified and are removable, the judge must issue an in absentia removal order, which cannot be appealed. If you missed the hearing because of exceptional circumstances, you must move to reopen within 180 days after the order. If you did not receive proper notice, or you were in custody and through no fault of your own could not attend, you can move at any time. While a motion to reopen is pending, removal is automatically stayed.
- Appeals: 30 days. If you disagree with the judge's decision, you generally must file Form EOIR-26 with the BIA within 30 calendar days after the judge's oral decision or after the written decision is mailed. The date the BIA receives it counts, not the date it is mailed. A new rule in February 2026 changed many types of cases to 10 days, but a court vacated that part on March 8, and EOIR confirmed in a March 13 memorandum that the 10-day rule is not in effect. The text on the federal regulations website still shows 10 days, which is easy to misread, so rely on the decision and the latest notice, and file as early as possible. Form EOIR-26 carries a $1,060 fee beginning October 1, 2026, and a fee waiver may be requested.
What Lawyers Do
You have the right to an attorney, but the government does not pay for one. The attorney files Form EOIR-28 through ECAS to become your attorney of record, then reviews the charges, pleads on your behalf, determines what relief you may apply for, and prepares evidence and witnesses. Once an attorney has entered an appearance, the attorney needs the court's approval to withdraw.
In cases with a criminal record, the conviction records must be reviewed before deciding how to plead. If a case later goes from the BIA to a federal court of appeals, whether the attorney can represent you depends on whether the attorney is admitted to practice before that court.
What to prepare
- The NTA, court notices and all immigration documents you have received before.
- Passport, Form I-94 and entry records.
- Applications filed with USCIS and approval or denial notices.
- Arrest records and final court disposition records.
- Proof of marriage, children, residence and employment.
Documents in Chinese must come with English translations and a translator's certification.
Contact us
Lu Xin Law Offices is located at 36-09 Main Street, Suite 5-D5, Flushing, New York, and has an office at 14 65th St, West New York, New Jersey. The responsible attorney, Michael R. Curran (Attorney Curran), is licensed in New York and New Jersey. If you would like to learn about immigration court representation, bring your NTA and your most recent court notice and call 347-618-3386. For an overview of immigration procedures in New York, see New York Immigration Guide; for our services, see Immigration Legal Services.
FAQ
If I receive an NTA, do I have to go to court right away?
Not necessarily. Proceedings begin after DHS files the NTA with the court, and the exact time and place are set by the court's notice. But the 5-day deadline for changing your address needs attention right away.
What happens if I do not go to the hearing?
If DHS shows that you were notified as required and are removable, the judge must issue an in absentia removal order. After that, a motion to reopen may be filed only in limited circumstances provided by law.
Will immigration court assign me a free lawyer?
No. You have the right to an attorney, but the government does not pay for one. The court will provide a list of pro bono legal service providers.
Sources: justice.gov, justice.gov, justice.gov, justice.gov, justice.gov, justice.gov, justice.gov, justice.gov, federalregister.gov, ecfr.gov, ecfr.gov, ecfr.gov, ecfr.gov, ecfr.gov, law.cornell.edu, law.cornell.edu. The information above is current as of November 6, 2026. The law and procedures may change, so rely on the latest official information and an attorney's advice.
Attorney Advertising. This article is general information and is not legal advice on any particular case. The outcome of a case depends on the specific facts, the evidence and the applicable law.