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Yes, you have the right to seek legal counsel to represent you in immigration court but a lawyer will not be provided for you. Having an attorney can significantly improve your chances of a favorable outcome. VAAP can help connect you with pro bono legal assistance.

You can ask a judge for more time to help you find a lawyer before going forward with your court case. However, if you have already applied for asylum and have not yet received your first work permit, asking the judge for time to find a lawyer may stop your "clock" toward earning time for work permit eligibility.

People in immigration court are in "removal proceedings" and have the right to challenge their removability and also apply for relief from removal (including asylum).

You are assigned to a specific immigration court location based on your address, which is why it is important to update the court of your new address when you move. Courts meet in person or online depending on the judges' preferences. When you attend immigration court, you will appear before an immigration judge who will hear your case. A government attorney will serve as an opponent in your case. The process can be formal and may feel intimidating. However, it is important to attend all appointments, to respond truthfully to all questions including by saying "I don't know" or "I don't understand" when those things are true, and to ask for more time when you need it. If you miss a court date or even arrive late, the judge can order you deported. A person's first immigration court date is typically an administrative "master calendar hearing" where the court learns what will be the key issues in the case. Eventually the court schedules an "individual merits hearing" which is when the court considers evidence about any applications for relief.

If you cannot attend a scheduled hearing, you must inform the court as soon as possible and provide a valid reason. Failure to do so can result in a deportation order.

Asylum is a form of protection that allows you to stay in the United States if you fear returning to your home country. You may qualify for asylum if you have experienced some form of harm (or fear future harm) in your home country based on your (1) race, (2) religion, (3) nationality, (4) political opinion, or (5) membership within a certain social group in your home country.  

If you believe you do meet any of the above guidelines, VAAP may be able to assist you in filing a USCIS I-589 Application for Asylum. Our advocates are available to assist individuals to understand the asylum process and file your case with the appropriate immigration authorities free of charge.

You must file your asylum application (Form I-589) within one year of your most recent entry into the United States. This is a strict deadline.  

There are a few exceptions to this rule for extraordinary circumstances, but they are limited. If you have been in the U.S. more than a year, it is important to notify your advocate to see if you can qualify for the exception or other forms of immigration relief.  

Asylum applicants can include their spouse and unmarried children under 21 as derivatives on their application. This means if you're granted asylum, your spouse and eligible children can also receive protection and stay in the U.S. with you. To qualify, you must have been married before applying for asylum, and children must be under 21 and unmarried when you apply. 

We are in the process of building a public-facing resources page as well as a Resource SharePoint available to subscribed legal volunteers. Monitor our newsletter and subscribe to our pro bono email list to learn more!

Probably no. Immigration court is a place to present your case. Even if the judge denies an application, you have a right to appeal the decision. ICE detains people who have serious conviction histories or who have missed appointments in the past. Many detained immigrants have a right to request bail and be released from detention if they can prove they are not a threat to the community or national security and will come back to their future immigration court dates.

You can check the status of  your immigration court case using the Automated Case Information  System provided by the Executive Office for Immigration Review (EOIR).  

There are two ways to access this information: 

Online: Visit the EOIR Automated Case Information System at EOIR’s respondent access website. You will need your A-number, which is a nine-digit number found on your immigration paperwork. Enter your A-number without the letter "A" and click "Submit" to view your case status. 

By Phone: Call the EOIR Automated Case Information Hotline at 1-800-898-7180. This is available 24/7 and provides information in both English and Spanish. You will need to enter your A-number to access your case information. 

You can also google the phone number for the court clerk's office for the immigration court that is hearing your case and ask for help.

Similarly, if you have a pending application with USCIS, you can check the status online here by entering the requested information: https://egov.uscis.gov/