Can You Do Anything About a Missed Immigration Court Date?

 Posted on June 20, 2025 in English

Having to appear in immigration court can be extremely stressful and anxiety-inducing. This is even truer now that some immigrants are being detained outside of immigration court. Although missing an immigration court date can have adverse repercussions, it does not have to spell disaster. Whether the missed court date was unavoidable, due to a true emergency, or you simply forgot about the court date, there are things you can do to address the situation.

For those navigating the often-complex U.S. immigration system, resolving legal status issues is a cornerstone of the process, typically handled in immigration court. During a hearing in immigration court, individuals have the opportunity to present their cases before an immigration judge. The judge makes decisions on removals, status adjustments, asylum applications, and much more as he or she assesses each individual’s eligibility for relief, whether they have complied with immigration laws, and whether the claim is valid.

A judge may – rightly or wrongly – interpret a missed court hearing as evidence that the case is no longer being pursued, which can, in turn, result in a legal ruling that orders deportation (an in-absentia removal order) without you being given the opportunity to defend yourself. The judge will make a decision that is virtually always unfavorable to the absent individual. Now is the time to speak with a Herndon, VA immigration attorney who can help you get your immigration issue back on track.  

What is an In Absentia Removal Order?

In absentia removal orders not only trigger deportation but can also create significant barriers to future immigration benefits or even re-entry into the United States. There is no appeal from a removal order that was issued in absentia. Parties may, however, file a motion to reopen to rescind an in absentia removal order. Timing is critical. The motion must be filed within 180 days of the missed hearing if the absence was due to exceptional circumstances.   

What Are the Most Common Reasons for Missed Hearings?

Your immigration attorney may be able to file a motion to reopen your case under specific circumstances. This could be a possibility if the reason you missed your hearing was because of a situation beyond your control. The most common reasons for missed immigration hearings include:

You Did Not Receive Notice of the Hearing

Notices of immigration hearings are sent to your last address on file. Unfortunately, many individuals in the U.S. immigration system are in unstable living situations, which makes it difficult for them to receive mail or results in frequent moves. Even when a change of address form was submitted, the notice could still be sent to the wrong location, get lost in the mail, or be delivered to the wrong recipient.

You Experienced a Serious Illness or a Family Emergency

If you are in the hospital, perhaps even unconscious, you cannot notify the court or your attorney that you will not be showing up for your hearing. Other emergencies could include car accidents, the death of a loved one, or the serious illness or injury of a family member.

Miscommunications Regarding the Date or Time of the Immigration Hearing

Hearing notifications often contain technical legal language that can be difficult to interpret, especially for those whose English is limited. Perhaps you made an error when writing down the court date, or you thought the hearing was at one location, but it was actually at another. Courts often reschedule hearings, and the change may not have been communicated to you.

Transportation Problems Kept You from Your Immigration Hearing

Immigration courts are usually in larger cities, making attendance a logistical challenge if you do not own a vehicle or do not have the money for a flight, bus ticket, or gas. Or, perhaps you own a car, but it broke down on the way to your immigration hearing.   

Contact a Fairfax County, VA Immigration Lawyer

If you missed an immigration hearing, contact your Herndon, VA immigration lawyer from Immigration Legal Advisors, PLLC immediately to explain your circumstances. Attorney Ruiz has over 20 years of experience, speaks both English and Spanish, and is always supportive. To schedule your free consultation, call 571-441-2233.