Your procedural rights

EOIR immigration courts provide language interpretation services at no cost during hearings. You may bring your own interpreter or request the court's services, but the interpreter is not an attorney and cannot advise you.

You have the right to be represented by an attorney or accredited representative in immigration proceedings. The government is not required to provide you one at its expense, but many nonprofit organizations provide free or low-cost representation.

In immigration court, you have the right to examine and object to evidence the government seeks to use against you, and to present your own evidence.

If an Immigration Judge denies your case, you generally have 30 days to file an appeal with the Board of Immigration Appeals (BIA). Strict deadlines apply — consult an accredited representative immediately if you intend to appeal.

Immigration judges are required to allow adequate time to prepare. If you need more time to gather evidence or find legal representation, you may request a continuance from the judge at your hearing.

Under U.S. law and international treaty obligations, you cannot generally be removed to a country where you would face persecution on account of race, religion, nationality, membership in a particular social group, or political opinion — or where you face torture. This protection applies through asylum, withholding of removal, and the Convention Against Torture.

Any person who is physically present in the United States may apply for asylum, regardless of their immigration status. There are strict time limits — generally one year from last arrival — with limited exceptions. Consult a representative if you are near or past that deadline.

DHS must provide a Notice to Appear (NTA) that states the factual allegations and legal charges against you before placing you in removal proceedings. You have the right to respond to those charges before an Immigration Judge.

You can check the status of USCIS applications online using your receipt number at the USCIS case status tool. For immigration court hearings, you can check your hearing date and court location using EOIR's automated case information system (1-800-898-7180) or the ACIS online tool.

USCIS and the immigration court will send all notices to the address on file. You are responsible for keeping your address current. If you move while a case is pending, notify USCIS using Form AR-11 and notify the court directly.