Changing Venue for Legal Proceedings in Immigration Court

When an undocumented immigrant is caught by immigration officers after crossing the border into the U.S., they likely will receive a Notice to Appear if they are released from detention. This will require them to appear at an immigration court in the area where they were found by the authorities. If they have family members or friends elsewhere in the U.S., they may want to move the location of their proceedings closer to where the family members or friends live. This can help them prepare for the hearing more effectively.

A broad network of immigration courts spans the U.S. They are operated by the Executive Office for Immigration Review. Sometimes an immigration judge will grant a request by a foreign national to change the venue of their immigration proceeding, although this is discretionary. The judge must review the facts of the specific case and determine whether a change of venue would be appropriate. For example, the judge may look into whether the foreign national may have a valid defense to removal. They also may be more likely to grant a change of venue if the case has not already been delayed.

Requesting a Change of Venue in Immigration Court

In your request for a change of venue, you must provide the date and time of the next hearing in your case. You also must review your Notice to Appear carefully and make sure that you respond to each of the allegations in it. The request should designate the country to which you will return if you are found removable from the U.S. and if any defense to removal does not succeed. You will need to list which types of immigration relief you will be seeking in the proceedings.

Form EOIR-33 is just one component of a motion to change venue.

Just as importantly, you will need to provide your reasons for requesting a change of venue. Sometimes a foreign national will request a change because they have moved, which will involve attaching an additional form known as EOIR Form-33/IC to note the change of address. You must make sure to meet any procedural rules and other technical guidelines imposed by the court that currently has authority over your case. To ensure compliance, you may want to hire an attorney to handle your request. Once the proceedings start, you probably will want to have an attorney representing you, so this simply may mean looking for an attorney sooner than you would have otherwise. You may be able to secure representation for minimal or no cost by consulting the non-profit organizations listed on the Immigration Courts website.

Last reviewed October 2023

Immigration Law Center Contents

• Immigration Law Center
• Green Cards and Lawful Permanent Residence in the U.S.
• Becoming a U.S. Citizen Under Naturalization Law
• Immigrant Visas Leading to Lawful Permanent Residence in the U.S.
• Non-Immigrant Visas Providing a Legal Basis for Temporary Residence in the U.S.
• Work Visas Allowing Foreign Nationals to Legally Enter the U.S.
• Family Immigration Options Under the Law
• Investor Visas Providing Legal Status in the U.S.
• Visitor Visas Allowing Foreign Nationals to Legally Enter the U.S.
• Student Visas Allowing Foreign Nationals to Legally Enter the U.S.
• Denials of Visas or Green Cards & Your Legal Options
• Consular Interviews When Seeking a Visa or Green Card
• VAWA Petitions for Foreign Nationals Affected by Domestic Violence & Seeking Legal Status in the U.S.
• How Children of Foreign Nationals Affected by Domestic Violence Can Legally Obtain Immigration Status
• Work Authorization for Foreign Nationals Without Green Cards
• How Foreign Nationals Unable to Return Home Safely May Legally Qualify for Temporary Protected Status
• Asylum for Foreign National Refugees
• Humanitarian Parole for Foreign Nationals With Compelling Needs
• Advance Parole for Foreign Nationals Living in the U.S. Without Green Cards
• Deferred Action for Childhood Arrivals (DACA) and Temporary Legal Protections From Deportation
• Visa Waiver Program for Brief Visits to the U.S. Without Formal Legal Status
• Grounds for Finding a Foreign National Legally Inadmissible to the U.S.
• How the Deportation Legal Process Works
  • When Criminal Convictions Are Legal Grounds for Deportation
  • False Claims of Citizenship Leading to Deportation
  • Guilty Pleas and No Contest Pleas Leading to Deportation
  • Postponing Legal Hearings in Immigration Court
  • Changing Venue for Legal Proceedings in Immigration Court
  • Witnesses in Legal Proceedings in Immigration Court
  • Summary Proceedings Involving Deportation WIthout a Legal Hearing
  • Deferred Inspection Appointments for Lawful Permanent Residents Returning to the U.S.
  • The Notice to Appear and the Start of Legal Proceedings in Immigration Court
  • Master Calendar Hearings in Legal Proceedings in Immigration Court
  • Merits Hearings in Legal Proceedings in Immigration Court
  • Defenses to Deportation for Foreign Nationals Without Legal Status in the U.S.
  • Orders of Removal Following Failure to Appear for Legal Proceedings in Immigration Court
  • When Government Lawyers Appeal Immigration Court Decisions
  • Cancellation of Removal for Green Card Holders
  • Cancellation of Removal Without a Green Card
  • Adjustment of Status to Lawful Permanent Residence in Deportation Proceedings
  • Voluntary Departure as a Legal Alternative to Deportation
  • Detention During Deportation Proceedings & Legal Recourse
  • Waivers of Alien Smuggling When Seeking Immigration Relief or a Green Card
  • Custody & Related Legal Issues for Children of Arrested or Deported Foreign Nationals
  • Prosecutorial Discretion in Deportation Proceedings
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