How to transfer a court case to another state or city?
You must file a Motion to Change Venue with the old court where your case is located. A motion is a request addressed to the judge in which you must clearly explain in English the reasons for transferring the case to another state. You must also provide evidence of relocation.
Attention. Form EOIR-33 does not transfer the court
Motion to Change Venue must be filed simultaneously with Form EOIR-33 regarding the change of address.
An identical copy must be sent to the government attorney representing the interests of the United States (the prosecutor).
The prosecutor’s address can be found at the link below:
https://www.ice.gov/contact/field-offices?office=12#
Use the filter to select the state of the old court and find your city.
On the Proof of Service page, indicate:
to: Office of Chief Counsel
And enter the address of the prosecutor to whom you are sending duplicate copies.
Processing time: ~1-3 months
Regularly check the information on your court case page:
https://acis.eoir.justice.gov/en/caseInformation
Once the motion is approved, you will see the new court address and possibly the hearing date.
You may also receive a letter from the court stating approval of the transfer to the new court or a denial with the reason provided.
After resolving the reasons for denial, you may file the motion again.
The decision to approve or deny the motion rests solely with the judge.
What should you do if there is little time left and the court is in another state?
A typical situation: you are released from detention, travel to a sponsor or move to another state, and the hearing is scheduled at the detention facility or at the sponsor’s address in a month or even a week.
It is important to understand that moving by itself does not automatically transfer the court. This applies even if, upon release from detention, the documents state that you are traveling to another state, and even if you notified the court and officers of the move.
Therefore, you must file a Motion to Change Venue. The problem is that such motions are usually reviewed within 1-3 months, and you may not have enough time to transfer the court.
What you can do:
1. Be sure to file the motion to transfer the court and send it via USPS Priority Mail. In most cases, within 3 days, the documents are already delivered to the court.
2. Call the court. In practice, a phone call often helps speed up the process. You can explain the situation, and the court clerk may promptly process the motion. In some cases, you may be told to wait for the judge’s or prosecutor’s decision.
3. Request to attend the hearing online. The court clerk may provide information to participate by phone or via Webex, which helps avoid traveling to another state and the risk of missing the hearing.
Information about remote hearings is available here:
https://www.justice.gov/eoir/find-immigration-court-and-access-internet-based-hearings
4. If the motion is not reviewed before the hearing date, the judge will address it directly at the hearing.
5. You may hire an attorney who can file the motion online on the same day.
Disclaimer: The information provided here is for general informational purposes only and does not constitute legal advice. Translations are provided for convenience and may contain errors or omissions. For guidance on your specific situation, always consult official sources or a qualified attorney.
