You must file a Motion to Change Venue with the immigration court where your case is currently pending. A motion is a written request to the judge in which you must clearly explain, in English, the reasons for transferring your case to another state or city. You must also submit proof of relocation.
Important: Form EOIR-33 does not transfer your court case.
The Motion to Change Venue must be filed together with Form EOIR-33 (change of address).
An identical copy of the motion must also be sent to the government attorney (the prosecutor) representing the United States.
You can find the prosecutor’s address here:
https://www.ice.gov/contact/field-offices?office=12#
Use the filter to select the state and city of the court currently handling your case.
On the Proof of Service page, list the recipient as:
to: Office of Chief Counsel
and include the prosecutor’s address.
Processing time: approximately 1–3 months.
Check your case status regularly at:
https://acis.eoir.justice.gov/en/caseInformation
Once approved, you will see the new court address and possibly a hearing date.
You may also receive a decision by mail, either approving the transfer or denying it with an explanation.
If the denial is based on fixable issues, you may refile the motion.
The decision to approve or deny the motion rests solely with the judge.
What if your hearing is soon and it is scheduled in another state?
This is a common situation: after release from detention, you move to another state, but your court hearing is scheduled in the detention state within weeks or even days.
Relocating alone does not automatically transfer your court case, even if your documents list a new address and you notified officials.
In this situation:
1. File the Motion to Change Venue anyway and send it via USPS Priority Mail. The court usually receives it within three days.
2. Call the court. In practice, a phone call can resolve many issues. The court clerk may process the motion quickly or advise you to wait for a judge’s or prosecutor’s decision.
3. Request to attend the hearing online. The clerk may provide phone or Webex access so you do not have to travel or miss your hearing.
Information about online hearings is available here:
https://www.justice.gov/eoir/find-immigration-court-and-access-internet-based-hearings
4. If the motion is not decided before the hearing, the judge may review it during the hearing.
5. You may hire an attorney who can file the motion electronically the same day.
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.
