The following is a summary of important Immigration Court deadlines, that you should, and must remember. Often times the Immigration Judge will assign special filing deadlines for applications or evidence (proof of claim) to be filed with the Immigration Court. Be sure to listen carefully for those dates whenever you are in front of the Immigration Judge. It is a good idea to ask the Judge to repeat the date that he or she gives for filing documents. Moreover, like any deadline, the sooner you file something the better. Don’t wait to last minute, that is just asking for problems.
1 Year. One Year Asylum filing deadline: You have one year from entering the United States to file your asylum application. If you are not in front of an Immigration Judge (for instance you are overstaying your visa), you should file with USCIS. Look up where to file for USCIS. But if you are in front of the Immigration Court, then see where to file and instructions:https://www.ice.gov/doclib/about/offices/opla/preOrderInstructionsEOIR.pdf There are exceptions to the one-year filing deadline, such as circumstances giving rise to your claim for asylum changed after you entered the United States. For instance, your country suffered a military coupe and you were a known member of the resistance. Whatever the change. You really should find an attorney to help you with this kind of change. Establishing an exception to the one-year deadline for filing asylum can be complicated.
5 Days. Change of address: it is required that you notify the Immigration Court and DHS within five (5) days of changing your address. This is important, because if your Immigration Court hearing date is changed and the notice is sent to your prior address, the Immigration Court can hold a hearing without you. That means your case is over and you will have a final order of removal. The best way to change address is to do it on-line by going to https://onlinechangeofaddress.ice.gov/ocoa. It’s a good idea to screen shot your change of address confirmation.
15 Days. Filing documents in advance of your Master Calendar Hearing: Remember a “Master Calendar Hearing” is a court date for you and the Immigration Judge to work out issues in advance of your “Individual Hearing” also sometimes called a “Merits Hearing.” It means the same thing. Think of the Individual Hearing as your Trial where you will present proof of your claims, get witnesses to testify (if available) and argue to the Judge the reasons you should not be forced to leave the United States. If you want the Immigration Judge to make certain decisions in your case, put the request in writing and submit it fifteen (15) days prior to the Master Calendar hearing. So, what sort of things can you ask the Immigration Judge prior to a Master Calendar hearing? If you need to change the Master Calendar hearing date. This is often called a “continuance request.” Generally, you should have compelling reasons for a continuance, such as family illness, or other hardships. Having to work is generally not a good reason and will be denied. Other things you can ask the Immigration Judge include change the location of the Immigration Court. Say for example you are to appear in Immigration Court in Houston Texas, but you now live in Hartford Connecticut. You would file 15 days before you are to appear in Houston Texas Immigration Court a “Motion to Change Venue.” You would also want to submit proof that you are in fact living in Connecticut such as a lease or a utility bill.
15 Days. In Advance of Your “Individual Hearing.” All Documents in Support of Your Claim for why you should not be removed. Remember that at the “Individual Hearing” you are trying to prove why you should not be removed from the United States. If you must file an application, for example an Asylum Application or Cancellation of Removal Application, the Immigration likely gave you an earlier filing date at the “Master Calendar” hearing. You should include proof that you filed the application on or before the date given you by the Immigration Judge. That proof is most typically an overnight delivery receipt that shows delivery or receipt from USCIS or the Immigration Court that it was timely received. Also to be submitted 15 days prior to the “Individual Hearing” are any and all documents that you intend to use to convince the Immigration Judge that you should not be removed from the United States. Examples of documents submitted in support of a claim for asylum or for Cancellation of Removal are provided elsewhere on this website. Given that not being removed from the United States may be the most important issue in your life, it is recommended that you not wait until fifteen days before your Individual Hearing to submit documents. It is better to give yourself a personal deadline of sixty (60) days prior to the Individual Hearing. That way if there are any problems with the documents that you want to submit or a problem with filing them with the Immigration Court, you have extra time.
Other Deadlines: The Immigration Judge may set other special deadlines. So be sure to ask the Immigration Judge at the Master Calendar, if there are any special deadlines for filing documents or applications.