What Will Happen if I Miss My Immigration Court Date in the U.S.?

If you miss an immigration court date, you can incur significant penalties and legal repercussions. Understanding your obligations as an immigrant is pertinent to protecting your status and rights in the United States. Reach out to a skilled New York City deportation and removal defense attorney for more information today.

What Will Happen if I Miss My Immigration Court Date?

Missing your immigration court date can have serious repercussions. If you do not appear when expected, an in absentia removal order may be issued, per 8 U.S.C. § 1229a(b)(5). A removal order in absentia means you will be ordered deported in your absence from the hearing. This legislation states that if you were provided written notice of your required attendance at a proceeding but fail to appear, a judge can order you to be removed, otherwise known as deported, given that you are removable.

An in absentia order can make you ineligible for relief such as asylum, cancellation of removal, or adjustment of status. It can also make it more difficult to be granted a visa, green card, or other immigration benefits in the future.

What Should I Do if I Missed My Hearing?

If you missed your immigration court date, understanding the necessary steps to take is imperative in protecting your rights and avoiding serious immigration-related consequences. The first thing you should do is consult with a skilled immigration attorney. Your lawyer can help you evaluate the situation, determine whether a removal order was issued, and plan your next steps.

You may be able to file a motion to reopen your case. Doing so requests that the court cancel the in absentia order to remove you from the country. However, this will only be successful if extenuating circumstances prevented you from making it to your hearing. The following are valid reasons you may have missed your court date.

Exceptional circumstances got in your way, like a serious illness, hospitalization, the death of a close family member, natural disasters or accidents preventing travel, etc.
You did not receive proper notice of the court date and did not know you were expected to be present
You were in state or federal custody, and your failure to appear was not your fault

If your failure to appear was due to exceptional circumstances, you must file the motion to reopen within 180 days of the missed court date. If it was a result of not receiving proper notice or being in custody, you can file the motion at any time.

Being deported can have significant immigration consequences in the future, not to mention pose a serious issue for you and your family. It is crucial that you are adequately represented after missing a court date. Reach out to a skilled attorney at the Law Office of Cheryl R. David to set up a consultation today.