If you entered the United States on a visa, you generally should not be in the immigration court system. In that case, you must first attend an interview with USCIS. If you entered through Mexico, as a general rule*, you are expected to appear in the court system sooner or later, especially if you were issued Form I-862 Notice to Appear.
If you check the immigration court system and your information cannot be found, you may take the following steps:
First, continue checking the immigration court system every week. It can take several months or longer for your information to appear.
Second, review your documents for a Notice to Appear (NTA). Some NTAs list the date and location of your first court hearing. If your NTA includes a court and hearing date, call the court to confirm that the hearing is scheduled. If the court has no record, you must still appear on the scheduled date. You may be added to the system at the last moment, including on the day of the hearing.
Third, if you do not have an NTA or your information is not in the court system, you may file an asylum application (Form I-589) with USCIS.
Asylum applicants are generally required to file within one year of arriving in the United States. If your information is not yet in the court system, the immigration court will reject your attempt to file. Filing with USCIS instead helps ensure you do not miss the one-year deadline. It may also allow you to apply for work authorization sooner. Eventually, USCIS may deny the Form I-589 and issue a new Form I-862, sending your case to court.
Fourth, you may ask ICE officers to add you to the court system. They are responsible for filing Form I-862 with the court and initiating removal proceedings. There is no specific form for this request. You may ask in person, by phone, or by email. Some attorneys also offer services to do this on your behalf.
How to contact an ICE officer - read here
Eventually, the immigration court should schedule your first hearing, known as a Master Hearing. You should check your case status weekly to avoid missing the hearing date.
Fifth, in some cases, a prosecutor or judge may decide to terminate or not initiate removal proceedings. In that situation, your case will be sent to USCIS. More information is available in the article about Prosecutorial Discretion.
* Monitor updates regarding changes in asylum procedures for individuals who entered through Mexico.
Disclaimer: The information provided here is for general informational purposes only and does not constitute legal advice. Immigration rules may change. For guidance on your specific situation, always consult official sources or a qualified immigration attorney.
