According to Congress.gov, the backlog of cases in immigration courts in the US surpassed 3.6 million by the end of fiscal year 2024.

The backlog highlights the complex and slow nature of the process. If you’re facing a hearing or helping a loved one through this system, understanding what happens inside these courts is a key first step. Immigration court isn’t like criminal or civil court; it runs under different rules and doesn’t offer the same protections.

Proper knowledge and preparation can improve your chances of success. Let’s walk through the core steps and what you need to know to stay one step ahead.

Notice to Appear (NTA) Issued

The Notice to Appear (NTA) is the first official step in the US immigration system. It explains why the government believes you should be removed from the country. Reading it carefully and responding on time helps prevent serious consequences.

Missing your hearing could lead to automatic removal. The NTA includes:

  • Your full name
  • Country of origin
  • Alleged immigration violations
  • Date and location of your first hearing
  • Instructions for appearing in court

Ensure your address is accurate, as all future notices will be sent there. After receiving an NTA, many people turn to an immigration attorney for guidance. Attorneys like Richard Hanus can explain what to expect, help you prepare, and guide you through the court process.

An experienced immigration attorney can also represent you before an immigration judge and argue your case. They communicate with ICE, DHS attorneys, and court staff on your behalf. They’ll also handle issues that may arise outside the courtroom.

Master Calendar Hearing (MCH)

The Master Calendar Hearing (MCH) is your first formal appearance before immigration courts in the US. It’s a brief session that usually lasts less than 15 minutes, where the judge confirms your information and explains your rights. You will be asked if you admit or deny the charges listed in your NTA.

The court also needs to know whether you currently have a lawyer or require one. Though quick, this step is crucial in your US visa process, especially if you plan to adjust your status.

Be punctual, respectful, and organized. If you need more time to find legal help, you can request it during the MCH.

Filing of Applications for Relief

If you’re eligible to stay in the US, this is when you submit applications for relief from removal. Some forms of relief include:

  • Asylum
  • Adjustment of status
  • Cancellation of removal
  • Protection under the Convention Against Torture
  • Withholding of removal

Each application has strict rules, deadlines, and required documents. Submitting complete and accurate forms helps avoid delays or denial. Legal support can make a big difference at this stage.

Your case is now part of active US immigration proceedings, and judges expect clear and detailed filings. Start gathering evidence early–birth certificates, affidavits, and any supporting documents for your request to remain in the United States.

Merits Hearing (Individual Hearing)

The Merits Hearing, or Individual Hearing, is when you fully present your case to a judge. The hearing may last several hours and feel like a trial. You will:

  • Give testimony
  • Bring witnesses
  • Submit evidence
  • Present legal arguments
  • Answer questions from the government attorney

If you’re applying for relief, this is your best chance to explain why you qualify. A deep understanding of immigration law is important here.

Small details matter, so review your documents and responses carefully. Practice with a legal representative. Your preparation can make a significant difference in the outcome.

Judge’s Decision Issued

After the hearing, the judge will either deliver an oral decision immediately or mail it later. The decision determines whether you can stay or must leave the country.

If granted relief, you will proceed with adjusting your status. If denied, the judge will issue a removal order.

The court’s decision marks a turning point in your case, and how you respond is key. Knowing your US immigrant rights helps you navigate the process with confidence, especially if you’re considering an appeal or other legal options after a denial.

Appeal to the Board of Immigration Appeals (BIA)

If the judge denies your case, you have 30 days to file an appeal with the Board of Immigration Appeals (BIA). The BIA does not conduct another hearing. Instead, they review the original judge’s decision for errors in law or procedure.

Your appeal must clearly explain why the ruling should be reversed. Supporting documents and legal briefs are critical. The step can be long, but it gives your case a second chance.

Patience and preparation matter most here. Appeals are a normal part of US immigration proceedings, and many successful cases are won at this level.

Federal Court Review (If Applicable)

If the Board of Immigration Appeals (BIA) denies your case, the next possible step is a review by a federal court. Most cases go to a US Court of Appeals, where judges examine whether your rights were violated or if immigration laws were misapplied.

Success at this level requires:

  • Detailed legal briefs
  • A strong grasp of case law
  • A highly skilled attorney
  • Precise knowledge of court procedures
  • Clear and well-supported legal arguments

Strict filing deadlines and procedural rules make preparation critical. Only qualifying cases can be reviewed, making it vital to consult a lawyer immediately after a BIA denial.

The focus now shifts from personal testimony to legal arguments based on precedent. Many see the federal court as the last opportunity to reverse an unfair ruling. Understanding how US immigration law functions at this level can help you make informed choices moving forward.

Navigating Immigration Courts in the US Successfully

Understanding how immigration courts in the US work can help you move forward with more confidence. From receiving a Notice to Appear to possible federal court review, each step impacts your case.

At the Law Offices of Richard Hanus, we guide clients through every phase with dedication and expertise. Richard Hanus has practiced immigration law for nearly 35 years.

He’s widely recognized as one of the best immigration attorneys in Chicago, driven by a personal mission to make a meaningful impact. Contact us tiday if you or a loved one is facing removal, appeals, or any immigration court matter.