USCIS and Immigration Court: Different Processes

USCIS and the immigration courts perform different functions within different federal departments. A person may have matters before one agency or both, and an action in one system does not necessarily resolve the other.

USCIS

U.S. Citizenship and Immigration Services is part of the Department of Homeland Security. It adjudicates many petitions and applications for immigration benefits, including family and employment petitions, adjustment of status, naturalization, employment authorization, asylum applications filed affirmatively, and other categories.

USCIS generally communicates through receipt, biometrics, interview, evidence, transfer, approval, and denial notices. The form instructions and notice identify the applicable procedure.

Immigration Court

The Executive Office for Immigration Review is part of the Department of Justice. Immigration judges conduct removal proceedings and decide issues and applications within the court's jurisdiction.

A Notice to Appear is a charging document used to begin removal proceedings when it is filed with the immigration court. It identifies factual allegations and legal charges. Hearing notices provide scheduling information. Court pleadings, applications, evidence, and review rights are governed by statutes, regulations, court manuals, and orders in the case.

Failure to appear after legally sufficient notice can permit an immigration judge to enter an in absentia removal order. Whether notice was sufficient or an order may be reopened depends on the record and governing law; a public page cannot make that determination.

Checking Case Information

USCIS receipt numbers are checked through USCIS systems. Immigration-court case information is checked through EOIR systems, and the written court notice remains important. Address changes also use different agency procedures.

Representation

Immigration-court respondents do not receive government-appointed counsel. Licensed attorneys and DOJ-accredited representatives may provide representation within their authority. DOJ publishes pro bono and recognized-organization resources.

Official Sources

This page provides general agency and court information. It does not interpret a Notice to Appear, enter pleadings, calculate a deadline, or recommend a filing.