How to prepare for an initial immigration court appearance in New Jersey

This article was originally published by Documented, an independent, non-profit newsroom dedicated to reporting with and for immigrant communities in New York City. It’s republished here with New Jersey-specific information as part of a collaboration between Documented and The Jersey Bee. The original article can be accessed here.

Since the arrival of more than 180,000 asylum seekers in New York City, many migrants have reached out via Documented’s WhatsApp community to ask questions about seeking asylum in the United States. In 2024, several cities in New Jersey became drop-off locations for asylum seekers bussed in from Texas. Many have sought pro-bono immigration lawyers to ask for advice, but, due to the high demand for legal services, have been unable to reach help. As a result, they told Documented that they missed their court dates. 

Documented spoke with immigration attorney Rebecca Press, Co-Founder and Co-Executive Director at Co-Counsel NYC, to explain the purpose of the first court date and the repercussions of missing it.

This article and the quotes mentioned are solely for informational purposes only and are not legal advice. For legal assistance please visit the Immigrant Advocates Network for legal support in New Jersey. 

What happens during the first court appearance at an immigration court?

When an asylum seeker is put in removal proceedings, they are given a Notice to Appear (NTA), Form I-862. The form lists the date, time, and immigration court location where the asylum seeker, known as the defendant, must show up. 

The first court meeting is a preliminary court meeting, Press said. “It is where the judge wants to make sure that the right person is there. That the name is correct. That the address is correct and they also want to know what the best language is.”

Press added that it is also where the defendant can let the judge know if they have an attorney or if they will need more time to find an attorney.  

When and how will I receive the Notice to Appear?

A NTA is often given to asylum seekers when they are released from custody of the U.S. Customs and Border Protection (CBP).  

What happens if I miss the first court date?

Missing the first immigration court appearance, and any court appearance in general, is not recommended. A judge will issue an In Absentia Order, which places the defendant under removal proceedings if the individual was not present and is subject to removal.  

“If you don’t go to it, then you should assume that they have a deportation order,” Press said. 

Are there any circumstances that can be an exception to missing the court date?

If you missed the court appearance and are ordered to be removed, you will have to have extraordinary circumstances for why you missed the hearing. Not receiving the notice or being detained by law enforcement, for example. 

“Not having a lawyer is not an excuse,” Press said, adding that people should always make sure the court date is correct in their NTA document. 

Do I need an attorney to go to immigration court? 

Press reiterated that people do not need an attorney to go to the meeting and that not having an attorney is not an excuse to miss the court meeting.  “It’s a quick appearance and you should not be afraid to go.”

Can I attend my court hearing online? 

In some cases the hearing can be attended online, Press said. “The hearing notice will say, your hearing is via the internet or your hearing is in person. And whatever it says is what they should do.”

READ: How to Change Your Address with Immigration Agencies

What if I want to change my immigration court venue?

If you moved out of the state in which your original hearing will be held, you can request to change your hearing to another immigration court. This process is known as Motion to Change Venue. More information on how to change venues can be found here.

There are two immigration courts in New Jersey: 

Newark Immigration Court
970 Broad Street, Room 1200
Newark, NJ 07102
(973) 645-3524
Court Hours: 8 a.m. to 4:30 p.m.
Window Filing Hours: 8 a.m. to 4 p.m.

Elizabeth Immigration Court
625 Evans Street, Room 148A
Elizabeth, NJ 07201
(908) 787-1355
Court Hours: 8 a.m. to 4:30 p.m.
Window Filing Hours: 8 a.m. to 4 p.m.

Find local immigration resources in New Jersey

• New Jersey Consortium for Immigrant Children is a legal services and advocacy organization that has resources on navigating immigration court, education and school enrollments, and the rights of English language learners.
• ACLU New Jersey and New Jersey Alliance for Immigrant Justice are state advocacy organizations that share resources on immigrant rights and protections.
• Immigrant Advocates Network is a resource network that shares a list of free or low-cost immigration legal service providers and lawyers by state or county.

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