Waiting on Your First Immigration Court Hearing? Here's What to Expect

How Long After an Asylum Referral Do You Get Your First Immigration Court Hearing?

There is no fixed number of days. After an asylum referral, the immigration court sets your first hearing date, and the court sends you written notice of it. The wait depends on the court’s schedule and on where your case is filed.

AG Immigration Law P.A. focuses on removal defense. This guide explains each step after a referral, so you know what to check while you wait. Adriana Gomez is the responsible lawyer for this page.

What an Asylum Referral Means After Your Interview

An asylum referral sends your case from the asylum office to an immigration judge, who decides it in removal proceedings.

Under 8 C.F.R. § 235.3, expedited removal applies to specified classes of aliens determined to be inadmissible under section 212(a)(6)(C) or (7) of the Act.

That changes who decides your case. The asylum officer is no longer the decision-maker. An immigration judge at an immigration court is. Under 8 C.F.R. § 1003.14, once an immigration judge has jurisdiction over the underlying case, that judge holds sole jurisdiction over the asylum application.

Many people hear the word “referral” and think the case is closed. It is not. Read your paperwork to see which step you are in.

How the Referral Reaches the Immigration Court Docket

Your case reaches the court’s docket when a charging document is filed with the Immigration Court.

Under 8 C.F.R. § 1003.14, proceedings begin when that charging document is filed. The document must show the Immigration Court where it was filed. The charging document is usually a Notice to Appear.

Under 8 U.S.C. § 1229, a Notice to Appear must state the time and place of the proceedings. Read the court name, address, date, time, and case number carefully. Write them down in one place.

If the notice has no hearing date, the court sets one. Under 8 C.F.R. § 1003.18, the Immigration Court schedules the initial hearing when the Notice to Appear does not include that information. It then gives notice to the government and to you.

How Long the Wait for a First Hearing Usually Runs

There is no single fixed number of days between a referral and a first hearing. The court sets the date on its own schedule.

Under 8 C.F.R. § 1003.18, the Immigration Court is responsible for scheduling cases. It must give notice of the time, place, and date of hearings. The wait depends on the court’s docket and the court where your case sits.

One rule sets a minimum. Under 8 U.S.C. § 1229, the first hearing cannot be set earlier than 10 days after the Notice to Appear is served. The exception is a written request from you for an earlier date. This gives you time to secure a lawyer.

A common mistake is waiting for a phone call. The court gives notice of a change in time or place in writing, but for a person not in detention, no written notice is required if that person has failed to provide the required address. Check your mail, and check the address on file.

What Can Change the Timeline

Your address, the court handling your case, and any move to a different court can all change the schedule.

Under 8 C.F.R. § 1003.15, within five days of any change of address, you must give written notice on Form EOIR-33 to the Immigration Court where the charging document was filed, or, if venue has been changed, to the Immigration Court to which venue has been changed. The statute also requires you to give the government written notice of address changes immediately.

Venue, meaning which court hears your case, can also change. Under 8 C.F.R. § 1003.20, venue lies at the court where jurisdiction vests. A judge may change venue only on a motion by one of the parties, for good cause, after the other side has notice and a chance to respond, and no change of venue is granted without identification of a fixed street address, including city, state and ZIP code, where you may be reached. Learn more about changing venue in Florida.

Requests to move a hearing earlier are decided by the immigration judge. The outcome depends on the facts of your case.

What to Expect at the First Hearing

At the first hearing, the judge places you under oath and asks you to plead to the Notice to Appear.

Under 8 C.F.R. § 1240.10, the judge asks whether you admit or deny the factual allegations and the removability charged. DHS may add or change charges in writing at any time. The judge must read any new charges to you and explain them.

If you have no lawyer, the judge must tell you that you may have one. You may also get a reasonable time to respond to new charges. Under 8 C.F.R. § 1240.6, after the hearing starts, the judge may grant a reasonable adjournment either on the judge’s own instance or, for good cause shown, upon application by you or the Department of Homeland Security, provided that no adjournment may cause the adjudication of an asylum application to exceed 180 days in the absence of exceptional circumstances.

If you need an interpreter, know that under 8 C.F.R. § 1003.22, an interpreter must swear or affirm to interpret and translate accurately, unless the interpreter is an employee of the United States Government. Bring your notice and your identity papers.

If the Hearing Notice Has Not Arrived

If the notice has not arrived, first check the address the court has on file.

Under 8 U.S.C. § 1229, mail service is sufficient if there is proof of attempted delivery to the last address you gave. A notice can go to an old address you no longer use. That is why updating your address matters.

Missing a hearing is serious. Under 8 C.F.R. § 1208.10, failure to appear for a scheduled hearing without prior authorization may result in dismissal of the application and an order of removal in absentia. Under 8 C.F.R. § 1208.10, failing to meet biometrics and other biographical information requirements within the time allowed will result in dismissal of the application, unless you show good cause.

If your referral is still being processed, the case may not yet be on the court’s docket. A case on the docket has a case number. Have that number ready when you contact the court.

Preparing Now and Talking With Our Team

While you wait, keep every notice, filing, and address record in one place.

Keep copies of your asylum filings, your referral letter, and every notice. Write down each date as soon as you receive it. Send any address change to the court within five days.

Our team at AG Immigration Law P.A. can review your referral letter and notices, explain the schedule that applies to your case, and discuss next steps. Consultations are paid. You can reach us through the contact page, by phone, or on WhatsApp.

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