Moved? Update Your Immigration Court Address on Form EOIR-33

To change your address with immigration court, file Form EOIR-33 with the court that has your case, within five days of the move. After an asylum referral, your case sits in immigration court, so that court needs your current address. This guide covers the form, the deadline, and what happens when notice arrives late. It is general information, not legal advice.

What an Asylum Referral Means for Your Address

In some cases, such as when an applicant paroled into the United States has parole that has expired or been terminated, an asylum referral moves the case from the asylum office into removal proceedings before an immigration judge. From that point, the court needs a mailing address where it can reach you.

The address on file controls where hearing notices go. If the court mails a notice to the most recent address you gave, that notice can count, even if you never see the letter. That’s why a small address mistake can become a big problem.

Many people reading this are not the respondent. A parent, sibling, friend, or sponsor may be the one handling the mail. Even so, the legal duty to keep the court informed stays with the person in proceedings.

Form EOIR-33: What It Is and When to File It

Form EOIR-33 is the change of address and contact information form used in immigration court cases. You use it when your home address or phone number changes while your case is pending. The court needs both. 8 CFR 1003.15(b)(7) warns that failing to give your current address and phone number may lead to an in absentia hearing.

You also use the form if the address on your charging document is wrong or missing. 8 CFR 1003.15(d)(1) gives you five days after you are served with the charging document to give the court a written address and phone number. Form EOIR-33 meets that requirement.

Get the form from EOIR’s official website. Check that you have the current version before you fill it in.

Step-by-Step: How to Complete and File the Form

Start with the basics. Write your full name and any other names you use. Add your registration number, often called the A-number. Then give your new address, your phone number, and the date you moved. Name the immigration court that has your case.

Next, send the form to the right court. 8 CFR 1003.31(f) says documents must go to the immigration court that has administrative control over your Record of Proceeding. That court may not be the one nearest your new home. Attorneys and accredited representatives must file electronically in cases that allow it. Unrepresented respondents may file electronically, but they don’t have to.

If you file on paper, your documents must be filed with the immigration court having administrative control over the Record of Proceeding; the service and certificate of service rules are in 8 CFR 1003.32. Under 8 CFR 1003.32(c), the judge will not consider a paper filing without one, unless service happens on the record at a hearing. Keep a dated copy and proof of mailing for your own records.

Deadlines matter too. Under 8 CFR 1003.31(h), if a filing is not made within the time the judge sets, the chance to file it is deemed waived.

The Five-Day Rule and What Happens If Notice Is Late

8 CFR 1003.15(d)(2) requires written notice of any change of address on Form EOIR-33 within five days of the change. Count from the day you move, and file as soon as you can.

Late notice can have serious results. If you miss a hearing, the judge can order removal in absentia. 8 CFR 1003.26(c) requires the government to show, by clear, unequivocal, and convincing evidence, that you are removable and that written notice of the time and place of proceedings and of the consequences of failure to appear was provided. Under 8 C.F.R. § 1003.26(d), written notice provided at the most recent address the alien provided is considered sufficient for purposes of an in absentia hearing.

Here’s the hard part. 8 CFR 1003.26(d) says that if you don’t give the address the rule requires, no written notice is needed before the judge holds an in absentia hearing. A missed form can leave the court mailing to an old address.

Updating USCIS Separately: Keeping Records in Sync

The immigration court rule and the USCIS rule are separate. You need to check both. Under 8 U.S.C. § 1305(a), each registered alien in the United States must notify the government in writing of each change of address within ten days. 8 CFR 265.1 requires aliens in the United States required to register under section 262 of the Act, except those exempted by section 263(b) of the Act, to report each change of address within 10 days, in accordance with USCIS instructions.

Notice to one agency does not update the other. Keep the same address on every government filing. That way the court and USCIS have the same information about where you live.

Checking the Address and Hearing Information on Record

Start by comparing the address on any notice you received with your actual address. If they don’t match, file a corrected Form EOIR-33 right away. Keep proof of the filing.

Don’t wait for a hearing notice before you check. Make it a habit to review every letter from the court. If a notice went to an old address, act at once and keep a dated copy of your correction.

Asking the Court to Change a Hearing After a Move

You can ask the immigration judge to move a hearing, but the judge decides. Under 8 CFR 1003.29, the judge may grant a motion for continuance for good cause shown, but not one that would cause the decision on an asylum application to take more than 180 days, unless there are exceptional circumstances. The reason you give matters, and the judge decides whether it meets that standard.

File the request in writing as soon as you know about the conflict, and before the hearing date when possible. A late request may not be considered, so don’t wait.

If a removal order has already been entered, a different tool applies.

Talk With Our Team Before a Missed Notice Becomes a Removal Order

If your address changed after an asylum referral, you may be worried about a notice that went to the wrong place. You may also be helping a relative who doesn’t know what the mail means. Those concerns are common, and they can feel urgent.

Quick answers

Adriana Gomez is the responsible lawyer for this page. Consultations at this firm are paid. You can reach us through the contact form, by phone, or by WhatsApp. This page does not promise any result.