What Happens if You Miss Your Immigration Hearing in Virginia?

 Posted on November 07, 2025 in English

Missing an important immigration court date in Virginia can trigger immediate – and severe – consequences. Regardless of the reason, immigration courts treat missed court dates as a failure to appear, which can, in some cases, lead to an automatic in absentia removal order (8 U.S.C. Section 1229a(b)(5)).

While you may assume you can simply reschedule the court date or make your explanations later, under federal immigration law, the remedy window is extremely narrow, particularly with the new administration. To understand what happens next, and what legal tools still exist if you have missed a hearing, it is crucial to speak to a Fairfax County, VA family immigration lawyer.

What Counts as a Valid Missed Appearance in Immigration Court?

There is a difference between failure to appear and an excusable absence. The court will, however, proceed on the assumption that the missed court date constitutes a failure to appear, unless there is evidence to the contrary. Acceptable reasons that the court recognizes for missing an immigration court date include a medical emergency, incorrect notice, ICE detention, or a natural disaster. The immigrant who missed the court date has the burden of proof to show "exceptional circumstances," and the court will assume that the immigrant received proper notification.  

How Do Virginia Immigration Courts Electronically Record Non-Appearances?

Like all U.S. immigration courts, Virginia immigration courts electronically record all non-appearances using the Executive Office for Immigration Review (EOIR) Courts and Appeals System (ECAS). The system is mandatory and is used to manage the lifecycle of each case. When a respondent fails to appear, it is noted in the electronically recorded record, impacting the case status and all future proceedings.

If a non-appearance is not immediately handled electronically, the Immigration Judge will make a note of it on the record, which is saved and accessible to court staff and attorneys through the ECAS.  The electronic record of a non-appearance includes a timestamp and details related to the non-appearance. The system may also trigger an automatic alert to the Department of Homeland Security.

How is a Motion Filed to Reopen or Rescind an In Absentia Order?

If there are exceptional circumstances that led to the missed court hearing, the time limit to reopen or rescind the order is 180 days. If the immigrant did not receive proper notification – and can definitively prove that – there is no time limit for reopening or rescinding the order. To prove exceptional circumstances, affidavits, hospital records, travel delays, or proof of mailing errors will be necessary. The quicker action is taken, the more likely there will be a positive outcome.

What is the Impact of a Missed Court Date on Future Immigration Benefits?

An in absentia removal order can result in an immigrant being ineligible for future immigration benefits, such as a green card. Asylum eligibility or TPS renewal could also be adversely affected. There may also be adverse implications for immigrants with pending DACA, SIJ, or U-Visa cases. The individual may face a re-entry bar of five to 10 years, making it impossible to return to the United States for a significant period of time. In some cases, the ban on re-entry can be permanent.

Preventing Future Failures to Appear

Because appearing for an immigration court hearing is so important, address updates should always be affirmed and reaffirmed within five days of any move. Setting EOIR alerts or using online portals for docket tracking can help ensure court dates are not missed. Never rely on a verbal update from an ICE officer or a sponsor. Immigration attorneys can request Master Calendar resets before an FTA occurs.

Contact a National Immigration Attorney

If you have missed an immigration hearing in Virginia, or even suspect you may have, do not wait for a removal order. An experienced Herndon, VA family immigration attorney can help you determine whether an in absentia order has been entered and whether you qualify for reopening or rescission.

Acting within days, rather than months, can mean the difference between deportation and remaining in the U.S. with your family. Attorney Ruiz has over 20 years of experience, speaks both English and Spanish, and offers a full-service law firm. Call 571-441-2233 to schedule your initial attorney meeting.