Frequently Asked Questions
Q: What are the court's filing-window hours, and hours of operation?
A: Filings are accepted at the filing window. The filing-window hours are 8:00 A:m. to 3:30 p.m. The Immigration Court is open from 8:00 A:m. to 4:30 p.m.
Q: What do I do when I arrive at my courtroom?
A: If you are there for your first hearing, which is called a master calendar hearing, you will encounter many other people in that room who are also scheduled for a hearing. Have a seat and wait for the court to call your case.
Q: What if I don't have a lawyer with me?
A: YOU MUST COME TO YOUR HEARING ANYWAY. If this is your first master calendar hearing, and you do not have a lawyer, the Immigration Judge will allow you an opportunity to obtain a lawyer at your own expense. A List of Free Legal Service Providers is available at the Salt Lake City Immigration Court and on this Web site. For those individuals who can not afford a lawyer, this list may assist you in obtaining legal representation.
Q: Do I have to have a lawyer?
A: No. You may elect to proceed without a lawyer if you choose to do so. However, the government will be represented by a lawyer from the Department of Homeland Security.
Q: Will there be an interpreter present if I don't speak English?
A: At your first master calendar hearing, a Spanish speaking interpreter will be available to translate for you. If you need an interpreter for another language, the Immigration Judge may use a telephonic interpreter or may have to adjourn your case in order to obtain an interpreter. After your first hearing, the Court will ensure that a court interpreter in your native language is available.
Q: How do I notify the court if I change my address or move out of the state?
A: You must notify the Court of any change of address while under proceedings. Form EOIR-33, which is the form used to notify the court of change of address can be obtained from the clerk or the Immigration Judge. This form must be submitted within five days from the date of your move.
Q: How do I ask for a change of venue?
A: If you move out of state, you or your legal representative may request a "Change of Venue" from the Immigration Judge. However, until the Immigration Judge grants your request, you are required to appear at all scheduled hearings before the court. You or your legal representative should file a written motion for change of venue as early as possible in advance of the scheduled hearing. You or your legal representative may make inquiries to the court about whether or not the change of venue has been decided.
Q: Are telephonic hearings permitted?
A: Telephonic hearings are allowed based upon an advance written request to the court submitted by your legal representative, who has filed an EOIR-28 (Notice of Appearance) in your case. Should a request for telephonic hearing be denied, the court will advise your legal representative. For a telephonic hearing, your legal representative must call the court at the appointed time and provide a phone number where the legal representative may be contacted for the telephonic hearing. You should be with your legal representative for the telephonic hearing. Voice mail is not appropriate for a contact number. Please note that Utah is in the Mountain Time Zone.
Q: Can I fax motions and applications to the court?
A: No, facsimile filings are not available.
Q: What will happen at my hearing?
A: Whether you proceed on your own or with a legal representative, the Immigration Judge will advise you of your rights. You will have an opportunity to obtain a legal representative at no expense to the government; to make an appeal; to present evidence; to testify and have witnesses testify; to examine and object to the government's evidence; to cross examine witnesses presented by the government. You will have an opportunity to plead to the allegations and all charges. If removability is not conceded, the Immigration Judge will conduct a hearing to determine the issue of removability. If removability is established, the Immigration Judge will advise you of any potential relief and allow you the opportunity to submit the appropriate applications for such relief.
Q: What will happen at the conclusion of my individual hearing?
A: The Immigration Judge will enter a decision in your case which may be oral or written. If oral, it will be presented at the conclusion of your hearing. If written, it will be sent to you in the mail. Either way, the decision will contain the Immigration Judge's findings of facts, conclusions of law, and any reasons for granting or denying relief. You will have the opportunity to appeal this decision if you so choose. If you wish to appeal, Form EOIR 26 (Notice of Appeal) should be filed within 30 days with the Board of Immigration Appeals.
Q: What will happen if I do not come to my hearing?
A: You will be ordered removed and deported in your absence if you do not appear when you had notice of the hearing and the DHS can prove the charges against you. You can request that the Judge reopen your case by filing a motion to reopen. The motion to reopen must state in detail the reasons for your failure to appear and can be supported with documents. You must submit with the motion evidence that you paid the proper fee for the motion, or a request that the fee be waived. If you received notice of your hearing, a motion to reopen must be filed within 180 days after the date of the removal order and must demonstrate exceptional circumstances which caused your failure to appear. Exceptional circumstances are circumstances beyond your control, such as your own serious illness or the death of an immediate relative. If you did not receive proper notice of the hearing or were in federal or state custody, a motion to reopen can be filed at any time.
Q: How do I make an appeal?
A: The Notice of Appeal (Form EOIR 26) must be written in English and received by the Board of Immigration Appeals at 5201 Leesburg Pike, Suite 1300, Falls Church, Virginia 22041 within 30 days of the Immigration Judge's decision you are appealing.
Q: What will happen if I leave the country while my case/appeal is pending?
A: Under most circumstances, if you depart the United States after filing an appeal, but prior to the decision on your appeal, your departure will be deemed a withdrawal of your appeal. Thereafter, the Immigration Judge's decision will become final. If your case is pending before the Immigration Court, you should consult with your legal representative, or if you do not have a legal representative, consult with the Department of Homeland Security before you make a decision regarding whether or not you should depart from the United States.
Q: Will my application require a fee?
A: With the exception of asylum applications, most applications for relief require a fee. Please see the standard fee schedule for by clicking here. The regulations provide that if you are unable to afford the fee for an application -- cancellation of removal, for example -- you can request a waiver from the Immigration Judge. The procedures for requesting a fee waiver can be found by clicking here.
Q: Where do I pay fees for applications?
A: The Immigration Court does not accept any filing fees associated with applications for relief. All application fees must be paid to the Department of Homeland Security.
Q: Is the Court open during inclement weather?
A: In extremely inclement weather, you should check Salt Lake City TV and radio news outlets. Reports of Salt Lake City Immigration Court closure should be carried on TV: Channel 2, Channel 4, and Channel 5; and on radio: KNRS AM 570, and KSL AM 1160 and KSL FM 102.7
Q: How can I get work authorization or get my work authorization renewed?
A: The Immigration Court does not issue or renew work authorizations. To get or renew your work authorization, you must apply to the Department of Homeland Security.
Q: I lost my lawful permanent residence card. Can the Court replace it?
A: The Immigration Court cannot issue replacement residence cards. To replace a lost lawful permanent residence card, you must apply to the Department of Homeland Security
Q: Where do I pay a bond/get a refund of a bond?
A:All bond payments or refund requests should be done through the Department of Homeland Security.
Q: How do I go about paying a bond?
A: You can pay the bond at the nearest DHS office.
Q: Will the Court accept a fax from me?
A: The Court does not accept faxes.
Q: Can I get copies made at the Court?
A: No, the Court will not provide copies of evidence. Please prepare all documents in advance of your hearing.
Q: Can I obtain information on my family member/friend's case?
A: The court will only release information to the respondent or the respondent's attorney of record. Basic information, such as the next hearing date, is available 24 hours a day, 7 days a week on our automated phone line at 1-800-898-7180. Note that you must have the case-assigned alien number to obtain information.
Q: Can the respondent request/receive a Bond hearing?
A: Bond hearings are not available to respondents in corrections custody because the Immigration Court does not have the authority to change the terms and conditions of incarceration. If the respondent completes his sentence before his immigration case is completed, and he is taken into DHS custody, he may then request a bond hearing from the Immigration Court having jurisdiction over the place of detention. Note that in many cases criminal convictions may deem a respondent ineligible for release on bond even after completion of the criminal sentence.
Q: Are there any documents that I should bring to my hearing?
A: If your criminal conviction is on appeal, or if you or your parents are citizens of the United States, bring evidence of this. At your initial hearing, the judge will advise you of which papers would be beneficial in your case and ask for you to bring copies to your next hearing.
Q: What is the proper procedure for sending documents/motions to the court?
A: Originals should be sent to the court and a copy to the D.H.S. District Counsel's Office. You must include a Certificate of Service indicating to whom you sent the copies, when you did so, and by what means they were sent. All correspondence should have the A# (Alien Number) written on it.
Q: Where do I send my appeal of the Immigration Judge's decision?
A: Send your appeal to:
The Board of Immigration Appeals
Clerk's Office
P.O. Box 8530
Falls Church, VA 22041.
Q: Do I need to bring ID?
A: Yes, Photo Identification is required.
Q: What is acceptable proof of identification?
A: A driver's license or non - drivers photo ID, Alien Registration card, or other photo ID issued by a government entity.
Q: Can I request that an attorney be appointed for me? Will you assign an attorney to me since I have no money or have been unable to locate one willing to do the case?
A: Immigration proceedings are civil matters. Persons appearing in immigration court may be represented at no expense to the government. This means that you have the right to be represented at your own expense, but not to have an attorney appointed. You must obtain representation on your own or with the assistance of family or friends. Each immigration court maintains a list of Free Legal Service Providers containing information on organizations willing to represent individuals in immigration proceedings without charge.
Q: Is there any form of public transportation to the court?
A: UTA Bus service is available to the Immigration Court.
Q: How do I obtain information/documents that fall under the Freedom of Information Act?
A: You can visit the EOIR FOIA Page that is complete with an electronic reading room, the address at which you request information and much more.
Q: What do I do if I can't remember the date and/or time of my hearing?
A:Please call 1-800-898-7180. This is an automated system that allows you to obtain information about your case.
Q: When I file my documents with the Court, can I leave DHS' copies with you?
A: No. Documents served on the Court must also be served on the DHS Trial Attorneys.
Q: I need to speak to the judge about my case!
A: The Immigration Judges do not speak to individual respondents about their case. The respondent should consult with his/her attorney or write a letter to the judge.
Q: May I use your telephone to call my attorney?
A: No. All visitors to the Court may use the public telephone located in the Admiral’s Galley Food Court.