Traveling and Moving
Traveling and Moving
Written by ASAP’s
expert immigration lawyers
· Updated
April 13, 2026
This page has information for asylum seekers about traveling, moving within the U.S., and leaving the U.S. You can also find up-to-date information about
how laws are changing
for asylum seekers.
Traveling
Can I travel within the United States while my asylum case is pending?
Can I travel outside of the United States while my asylum case is pending?
Can I travel outside of the United States if I win asylum?
Moving within the U.S.
Can I move while my asylum application is pending?
I moved. What should I do?
How do I change my address with USCIS?
How do I change my address with the immigration court?
How do I change my address with the Board of Immigration Appeals (BIA)?
How do I change my address with ICE or ISAP?
I applied for asylum with USCIS and then moved far away. What will happen next?
I moved far away from my immigration court. Should I try to move my case to a new court?
How do I file a motion to change venue to request to move my case to a new immigration court?
If my case is not in the immigration court system yet, can I still update my address with the immigration court?
Leaving the U.S.
I want to leave the United States and no longer seek asylum. What should I know?
Can I return to the U.S. in the future after I leave the U.S.?
What is CBP Home?
Other Topics
What is this document that I received from the government?
See other questions.
Find legal help.
Can I travel within the United States while my asylum case is pending?
Asylum seekers are allowed to travel within the United States, and many asylum seekers travel by car, bus, train, and airplane without a problem. However, since 2025, the risk of arrest and detention has increased significantly. While traveling, you may encounter immigration officials or police officers. They could ask questions about your immigration status or ask for documentation. It is possible that this could result in arrest and detention, even if you have a pending asylum application and a valid work permit. The government has detained some asylum seekers even if they have valid work permits.
Airplanes
Beginning on May 7, 2025, you need an identification that meets REAL ID requirements. For example, you can use a passport from the United States or another country, a work permit card, or a REAL ID compliant driver’s license (these have a star in the upper corner of the card). You can see a
full list of acceptable IDs here
and
answers to common questions here
When you travel by airplane, you must always pass through a security checkpoint and verify your identity. There have been cases of ICE arresting immigrants at airports, even far from the border. Since March 23, 2026, the government has sent large groups of ICE agents to 14 airports. You can find a
list of the 14 airports here
, but more airports could be added. Even if an airport is not listed, immigration officials are usually present at airports that have international flights.
If you have an immigration status such as TPS, Permanent Residence, or DACA, or if you have already won asylum, you can generally travel safely by plane within the U.S. and should carry proof of that status.
But since 2025, having a
pending
asylum application may not be enough to make travel by plane safe. The government has detained some people with pending asylum and valid work permits at airports. After you buy a plane ticket, the government agency TSA can
share information
about your identity and travel plans with ICE.
You may be at a higher risk of detention if any of the following applies to you:
You ever received a deportation order in the past. You can check if you have a deportation order by going to
this immigration court website
or checking the automated hotline 1-800-898-7180.
You previously had a legal status like parole or TPS, but it has ended.
You entered on a temporary visa (like a visitor visa or student visa) but the authorized period of entry has ended.
You can also read
this guide
or
this guide
from other organizations to learn about other groups that may be at a higher risk of detention, and about safety tips for traveling by plane.
Buses, Trains, and Cars
Long-distance buses and trains:
You can often travel by long-distance bus or train without encountering immigration officials. However, sometimes immigration officials board long-distance buses or trains and ask people for their documentation. This is most common in states near the Mexico-U.S. border, but has also been reported near the Canada-U.S. border. Travelers on city buses or local trains (such as a subway or commuter train) are usually unlikely to encounter immigration officials.
Cars:
Most of the time, you can drive or ride in a car without encountering immigration officials. However, immigration officials and some local police officers have been reported to stop cars and ask for immigration documentation. The government has also set up immigration checkpoints on some highways, often in states that border Mexico or Canada. You can find a list of
permanent checkpoints here
, although this list may not be complete or up-to-date. The government also sets up temporary checkpoints in other places, especially within 100 miles of any border. If you drive, carry your U.S.
driver’s license
and get car insurance as required by law in all states. Drive carefully and obey the traffic laws.
You can carry these documents with you when you are traveling:
If you have a U.S. identification card such as a
driver’s license
, state ID, permanent resident card (green card), or work permit, carry it with you. However, the government can still detain immigrants traveling with valid driver’s licenses and work permits.
You can also carry a copy of a
Notice to Appear
Hearing Notice
, Form I-94 (see examples
here
here
, and
here
), or a visa you received to come to the United States, if you have any of those documents.
Even if you have a pending application for asylum, if you have another unexpired immigration status (like TPS or DACA), carry proof of that status also. Leave a copy of these documents with a trusted person or in a safe place.
Read about
other important safety measures here
Can I travel outside of the United States while my asylum case is pending?
Generally, if you are an asylum seeker and you want to continue to pursue your U.S. asylum case, it is best
not
to travel outside the United States. (However, if you want to leave the United States and no longer seek asylum, you can
read about things to consider before leaving
.)
Travel to your country of origin:
Your asylum case can be denied if you travel to your country of origin.
Travel to a country that is not your country of origin:
If you need to travel to a country that is not your country of origin, it may be possible, but there are risks. Below are some things to consider.
Arrest and detention:
There is a risk of arrest when you try to leave or return to the United States. Arrests at airports have increased recently. Since March 23, 2026, the government has sent large groups of ICE agents to 14 airports. You can find a
list of the 14 airports here
, but more airports could be added. Even if an airport is not listed, immigration officials are usually present at airports that have international flights. They may stop and question you. This could result in arrest and detention, even if you have a pending asylum application and a valid work permit.
Read about safety tips
when traveling by plane.
Travel restrictions:
The government has limited travel to the United States for people from
several countries
. If you are from one of these countries, it could be very difficult to re-enter the United States after you leave. Also, the government could continue to change the rules about who is allowed to re-enter the U.S. in the future.
Advance parole:
If you need to travel outside the United States and you want to continue to pursue your asylum case, you are required to apply for advance parole from the U.S. government
before
leaving. If you travel outside the U.S. without advance parole, your asylum case will likely be denied. However, getting advance parole is difficult, and it does not guarantee that you will be allowed to return to the U.S. Also, if you are allowed back into the United States after traveling on advance parole, there is a
parole fee
of $1,020.
If you decide to apply for advance parole
: the way to apply depends on whether your asylum case is with USCIS or immigration court.
If you are applying for asylum with USCIS, you can try to apply for advance parole using
Form I-131
. However, the advance parole application may be denied and it can take several months or longer to receive a decision. Also, if you are from one of
these specific countries
, USCIS has stated that they will not currently approve advance parole.
If you are applying for asylum in immigration court, you can try to request advance parole from ICE. However, this is even more difficult than requesting advance parole from USCIS. Also, if an immigration judge has ordered your removal or your case is on appeal, leaving the United States might be considered an act of self-deportation, and you may lose the right to continue fighting for asylum.
Again, even if you receive advance parole, it does not guarantee that you will be allowed to return to the U.S. You may wish to
find a lawyer
to discuss your options.
If you have a different immigration case or status,
you can read resources from other organizations about
travel outside the U.S.
and
your rights when traveling
. You may also wish to
find a lawyer
to discuss your options.
Can I travel outside of the United States if I win asylum?
Generally, yes. However, there are still some risks.
First, the government has limited travel to the United States for people from
several countries
, and has also said they will review some past immigration approvals won by certain people from those countries. If you are from one of these countries, it could be very difficult to re-enter the United States after you leave, and if your immigration approval is reversed while you are outside the United States, you may not be able to come back.The government could continue to change the rules about who is allowed to re-enter the U.S. in the future.
There is also some risk of arrest when you try to leave or return to the United States. There are immigration officials at airports with international flights, and they may stop and question you. It is currently rare for someone who has won asylum to be arrested and detained at the airport, but it is possible. Since March 23, 2026, the government has sent large groups of ICE agents to 14 airports. You can find a
list of the 14 airports here
, but more airports could be added. Even if an airport is not listed, immigration agents are usually present at airports that have international flights.
Read about safety tips
when traveling by plane.
If you decide that traveling outside of the United States is right for you, you will need to prepare certain documents. The documents you need to travel depend on your current immigration status. Read more below.
If you have won asylum but are not yet a U.S. permanent resident
, you need to apply for a refugee travel document to travel outside the United States. You can apply for a refugee travel document by submitting
Form I-131
to USCIS. You can find more information on
this USCIS page
or
this page
Also, please know that there are risks if you travel to your country of origin after you win asylum. If you do this, the U.S. government can end your asylum status. The U.S. government can also deny your green card (permanent residence) application because you traveled to your country of origin.
If you are a U.S. permanent resident,
you can apply for a refugee travel document to travel outside the United States. You can also travel outside of the United States with your Permanent Resident card and a passport from your country of origin, but some people may prefer not to use their passport or
cannot safely get or renew a passport
. You can apply for a refugee travel document by submitting
Form I-131
to USCIS. You can find more information on
this USCIS page
Again, there are risks if you travel to your country of origin. The U.S. government can end your permanent residence, and it can also negatively affect your U.S. citizenship application if you apply.
You can also read about other
things to consider when traveling as a permanent resident
If you become a U.S. citizen,
you can apply for a U.S. passport in order to travel outside the United States.
If you have a different immigration case or status,
you can read resources from other organizations about
travel outside the U.S.
and
your rights when traveling
To receive specific legal advice for your situation, you may wish to
find a lawyer
to discuss your options.
Can I move while my asylum application is pending?
Yes, you can move while your asylum application is pending. If you have ICE check-ins, ICE may tell you to get permission before moving.
Read more information here
The government says asylum seekers have to update their address with the government when they move. If you want to continue with your asylum case, you can
update your address
so that you can receive important documents in the mail like hearing or interview notices.
Each immigration agency has a separate process for updating your address. This can include one or more of these immigration agencies: USCIS, immigration court, and ICE or ISAP. Please keep reading for instructions.
I moved. What should I do?
The government says asylum seekers have to update their address with the government when they move. If you want to continue with your asylum case and receive documents by mail, it is important to update your address. That way, the government will have your correct address and can send you important documents in the mail such as hearing or interview notices, or your work permit card.
Each immigration agency has a separate process for updating your address.
U.S. Citizenship and Immigration Services (USCIS).
If you submitted an asylum, work permit, or other application to USCIS:
You can update your address through an
online USCIS account
or
by mail
Find more
instructions here
Immigration Court.
If you have a case in immigration court:
You can update your address online on
this immigration court website
. For instructions on how to fill out the form,
watch this video
. Or find
more options
If you moved far away, you may also wish to submit a
Motion to Change Venue
to request to move your case to a court closer to you. This is optional. In some cases, if you have moved far away, the judge may ask you if you want to change your immigration court to one closer to you. Read about what to consider when deciding whether to try to
change your immigration court
If you are not sure if you have a case in immigration court,
read more here
Board of Immigration Appeals (BIA).
If you appealed to the BIA after an immigration judge denied your case:
You can update your address online on
this BIA website
Find more
options here
ICE or ISAP.
If you have check-ins with ICE or ISAP:
You can update your address in person during your next check-in, using the
online tool to update your address with ICE
, or by phone at 833-383-1465.
If you want to continue to pursue your immigration case, ICE may tell you to get permission before moving.
Read more information here
If you are an ASAP member, you do NOT need to change your address with ASAP. The Asylum Seeker Advocacy Project (ASAP) is a nonprofit organization and is not part of the U.S. government.
How do I change my address with USCIS?
If you have an application pending with USCIS, such as a work permit application or an asylum application, there are two ways to change your address: online or by mail. It is best for each family member to update their address separately. You may also need to change your address with
other immigration agencies
Please note: There are special considerations for some people who applied for asylum with USCIS and moved far away from their current asylum office.
Find more information
Option 1: Online USCIS Account
Go to the
myUSCIS website
Log in to your existing online account or
create a new account
Go to the change of address page.
If you are using a phone, click “Menu” in the top right corner, click “Account actions,” then click “Change your address.”
If you are using a computer, click “My Account” at the top, and then click “Change your address.”
Click the blue button at the bottom of the page that says “Change my address” to start the form.
Follow the instructions to complete and submit the form.
You can also watch
this USCIS video
After a few days, confirm that USCIS has accepted your form. Go back to the change of address page. Scroll to the bottom and click “View my submissions” to check the status of your form.
Note: In the past, it was possible to change your address online without creating an USCIS online account. Now, USCIS is requiring an online account.
Option 2: By Mail
Go to
this USCIS webpage
and download Form AR-11.
Complete the form in English. Use black ink, and put your signature and the date at the bottom.
Send it by mail to the USCIS address on the second page of the form.
You can find
tips on mailing your form here
or you can
watch this video
How do I change my address with the immigration court?
You can change your address with the immigration court by submitting Form EOIR-33 by mail or online. Read below for more detailed instructions!
If you moved far away
, you may also wish to submit a
Motion to Change Venue
to ask your judge to move your case to an immigration court closer to you.
You may also need to change your address with
other immigration agencies
Option 1: Online
Go to this
immigration court website
You can change the language of the form in the top right corner, but
you must enter all answers in English
Follow the instructions on the website to complete the online form. You can also
watch this video
You need to complete a separate form for each of the family members included in your case. For example, if you have 2 children and they are included in your case, you would need to complete the form 3 times.
For “Assigned Immigration Court,” you should select the city where your
current
immigration court is located, not the city that you moved to.
After filling out your personal information, click the button that says “CLICK TO REVIEW.” Check that all the answers are accurate. Then, type your name in the “Signature” space.
In the “PROOF OF SERVICE” section, make a selection in the drop down menu for the “Office of the Chief Counsel for DHS.” This is the official name for the office of the government attorney. Select the office location that matches your current immigration court.
At the bottom of the form, type your name again in the “Signature” space.
Click “Submit.” This sends the form electronically to the immigration court.
After submitting the form, print 2 copies. The first copy is for your own records.
The second copy of Form EOIR-33 must be sent to the U.S. government attorney. You can find the address of the government attorney (OPLA) for your immigration court on
this webpage
. Choose your state, choose “Office of the Principal Legal Advisor”, and press “Apply” to narrow the search.
Note: You can also submit the form online by registering on
this separate government website
. However, sending by mail is usually easier, because the government may take several weeks to approve your registration. After your registration is approved, you have to go back to the website and follow the instructions to send a copy of the Form EOIR-33 to the government attorney.
Option 2: By mail
Go to
this immigration court website
. You can click on your preferred language (if available) from the list of languages under the blue “Share” button.
Next, scroll down to where it says “EOIR-33/IC” (if listed for the language you chose) and click it to open the form. Make sure to
choose
Form EOIR-33/IC
(which stands for “Immigration Court”) and
not
EOIR-33/BIA (which stands for “Board of Immigration Appeals”).
On the second page of the form, there is a drop down menu that says “Select Immigration Court.” Choose the city where your current immigration court is located. This should automatically fill in the mailing address for your immigration court.
You can complete the rest of the form on the computer and print it. Or you can print it first and hand-write your answers. You should write your answers in English. You can see a copy of a
Form EOIR-33/IC with instructions
You will need the government attorney’s address to fill out the last section of Form EOIR-33/IC. You can find the address of the government attorney (OPLA) for your immigration court on
this webpage
. Choose your state, choose “Office of the Principal Legal Advisor”, and press “Apply” to narrow the search.
You need to complete a separate Form EOIR-33/IC for each of the family members included in your case. If your child is under 14 years old, you can sign for your child. If your child is 14 years old or older, the child must sign the form.
After you have filled out and printed Form EOIR-33/IC, sign it in both required places, next to the arrows. Then make 2 extra copies. You can mail the original to your current immigration court. You can use the second page with the immigration court address as an envelope, by folding and taping the edges and placing a stamp. You can also submit it in person at the filing window in the immigration court.
Keep the first copy for your own records.
Send the second copy to the government attorney by mail, at the address that you wrote on the last section of the Form EOIR-33/IC.
How do I change my address with the Board of Immigration Appeals (BIA)?
You can change your address with the BIA by submitting Form EOIR-33/BIA by mail or online. Read below for more detailed instructions! You may also need to change your address with
other immigration agencies
Option 1: Online
Open this
online form
You can change the language of the form in the top right corner, but
you must enter all answers in English
Follow the instructions on the website to complete the online form.
You need to complete a separate form for each of the family members included in your case.
After filling out your personal information, click the button that says “Click to Review.” Check that all the answers are accurate. Then, type your name in the “Signature” space.
In the “PROOF OF SERVICE” section, make a selection in the drop down menu for the “Office of the Chief Counsel for DHS.” This is the official name for the office of the government attorney. Select the office location that matches the immigration court where you had your immigration case.
At the bottom of the form, type your name again in the “Signature” space.
Click “Submit.” This sends the form electronically to the BIA.
After submitting the form, print 2 copies. The first copy is for your own records.
The second copy of Form EOIR-33/BIA must be sent to the U.S. government attorney. You can find the address of the government attorney (OPLA) for your immigration court on
this webpage
. Choose your state, choose “Office of the Principal Legal Advisor”, and press “Apply” to narrow the search.
Note: You can also submit the form online by registering on
this separate government website
. However, sending by mail is usually easier, because the government may take several weeks to approve your registration. After your registration is approved, you have to go back to the website and follow the instructions to send a copy of the Form EOIR-33/BIA to the government attorney.
Option 2: By mail
Go to
this BIA website
. You can click on your preferred language (if available) from the list of languages under the blue “Share” button.
Next, scroll down to where it says “EOIR-33/BIA” (if listed for the language you chose) and click it to open the form. You should make sure to choose Form EOIR-33/BIA (which stands for “Board of Immigration Appeals”) and not Form EOIR-33/IC (which stands for “Immigration Court”).
You can complete the form on the computer and print it. Or you can print it first and hand-write your answers. You should write your answers in English.
You need to complete a separate Form EOIR-33/BIA for each of the family members included in your case. If your child is under 14 years old, you can sign for your child. If your child is 14 years old or older, the child must sign the form.
You will need the government attorney’s address to fill out the last section of Form EOIR-33/BIA. You can find the address of the government attorney (OPLA) for your immigration court on
this webpage
. Choose your state, choose “Office of the Principal Legal Advisor”, and press “Apply” to narrow the search.
After you have filled out and printed Form EOIR-33/BIA, sign it in both required places, next to the arrows. Then make 2 extra copies. You can mail the original to the BIA. The second page of the form has BIA’s address. You can use this second page as an envelope, by folding and taping the edges and placing a stamp.
Keep the first copy for your own records.
Send the second copy to the government attorney by mail. You can use
this table
to look up the address for that government attorney (OPLA) for your immigration court.
How do I change my address with ICE or ISAP?
Some immigrants have check-in appointments with ICE or ISAP. If you have check-in appointments, ICE or ISAP may tell you to notify them before and after you move.
Before you move:
If you want to continue to pursue your immigration case, ICE may tell you to get permission before moving.
If you have a
Form I-220A
, ICE says that you must get written permission from your ICE Officer before you move.
If you have a
Form I-220B
, ICE says that you must inform your ICE Officer in writing 48 hours before you move. If you move far away, you can ask your ICE officer to update your appointment location.
If you do not have either of these forms, and ICE has not told you that you need to notify them about a move, then ICE says you are not required to tell them before you move.
After moving:
No matter what type of form you have, ICE says that you should also update your address on
ICE’s website
or by phone at 1-833-383-1465 after you move. You may also need to
change your address
with the immigration court and other immigration agencies.
I applied for asylum with USCIS and then moved far away. What will happen next?
If you applied for asylum with USCIS, you moved far away, and there is a different asylum office closer to your new address, changing your address can be more complicated. You can check which asylum office is closest to your new address by entering your new zip code on
this USCIS webpage
If you applied for asylum more than 180 days ago, and you have not received an asylum interview notice:
You should update your address following the
steps above
. After you update your address, USCIS may automatically change your asylum office to one closer to you.
If you applied for asylum less than 180 days ago:
You may want to consider waiting to move and update your address until you have reached 180 days. If you moved far away, after you update your address, USCIS could change your asylum office and then will probably stop your “asylum clock.” This can delay when you can apply for your first work permit as an asylum seeker. If your clock has been stopped, you can try contacting your new asylum office to ask them to re-start your clock. You can find
contact information for asylum offices here
. Read more about the
asylum clock here
If you already received an
asylum interview notice
: you can go to your asylum interview and tell the asylum officer about your new address in person, instead of submitting a change of address request online or by mail. If you are not able to attend the interview, you should request to
reschedule your interview
as soon as possible. However, it is best to go to your asylum interview at the scheduled time. If you ask to reschedule your interview, you may have to wait a long time for a new interview.
I moved far away from my immigration court. Should I try to move my case to a new court?
The answer depends on your specific circumstances.
If you moved far away from your immigration court, you can try to change your immigration court to one that is closer to you. But you do not need to change your immigration court every time you move.
The immigration judge may ask you at a
master calendar hearing
if you want to change your venue if your address has changed and you moved far away. Or you can submit a request called a “
Motion to Change Venue
to the immigration court where you currently have a hearing scheduled. Whether or not you try to change your immigration court, the government requires you to
update your address
when you move to ensure that you receive important mail.
Here are some things to consider when deciding whether to try to change your court:
If you are not able to go to your hearings because your current immigration court is too far away, that could be a reason to try to change your court.
If you change your immigration court, your immigration judge will also change. Different judges have different asylum grant rates. You can learn about your current judge’s
asylum grant rates here
, and also check the judges at the new immigration court. You can click on the name of your judge to find more details. Some newer judges may not be listed.
Different judges also have different practices about whether to allow virtual hearings. If your judge allows you to appear for your hearing virtually, the new judge may not.
If you change your immigration court, your next immigration hearing date will also change. It may be sooner or later, depending on the new immigration court schedule, and where you are in the
immigration court process
As of April 2023, changing your immigration court no longer stops the “
asylum clock
” to be able to apply for a work permit. This used to be a reason why some people did not want to change their court, but it is not a problem anymore.
If you decide to try to change your venue, you can let your immigration judge know at a hearing, or you can
file a motion to change venue
How do I file a motion to change venue to request to move my case to a new court?
If you moved far away from your immigration court, you may want to request to change your immigration court to one that is closer to you. The way to do this is by submitting a “Motion to Change Venue” to the immigration court where you currently have a hearing scheduled. Read about factors to consider when deciding whether to try to
change your immigration court
If you have decided to request to move your immigration court, follow the steps below. You can see a
template Motion to Change Venue with instructions here
and a
blank one where you can fill in the spaces here
Check the immigration court automated system
to get some information.
Write the answers down.
Where is your current immigration court?
Who is your immigration judge?
When is your next hearing?
Get proof of your new address.
For example, this can be a rent agreement, a utility bill, or your child’s records from their new school. The document should show your name and new address. Make a copy of this document to attach to your request.
If you do not have any other proof, you can ask for a letter from someone who lives with you at your new address. If the letter is not in English, you will need to include a translation into English and a
certificate of translation
. You also need to include a copy of this person’s ID and proof of address. You can download a
blank letter that the person can fill out here
. You can see
a copy of a letter with instructions here
(page 6 of this packet).
Fill out a Form EOIR-33.
This is a form that tells the immigration court that you have moved to a new address.
Download the
Form EOIR-33
. Scroll down to where it says “EOIR-33/IC” (if listed for the language you chose) and click it to open the form. Make sure to choose Form EOIR-33/IC (which stands for “Immigration Court”) and not EOIR-33/BIA (which stands for “Board of Immigration Appeals”). On the second page of the form, under “Select Immigration Court,” select the city where your current immigration court is located, not the new city that you are trying to move your case to.
See a copy of
Form EOIR-33 with instructions here
You need to complete a separate Form EOIR-33 for each of the family members included in your case. For example, if you have 2 children and they are included in your case, you would need 3 forms in total. If your child is under 14 years old, you can sign for your child. If your child is 14 years old or older, it is best for the child to sign the form.
You will need the government attorney’s address to fill out the last section of this form. You can find the address of the government attorney (OPLA) for your immigration court on
this webpage
. Choose your state, choose “Office of the Principal Legal Advisor”, and press “Apply” to narrow the search.
Fill out a “Motion to Change Venue.”
This is a request that asks an immigration judge to move your case to the court closest to you.
This document must be in English. If you choose to complete this document by handwriting, you should use black pen.
Download a
blank copy of a Motion to Change Venue
that you can fill out. Use
this version with detailed instructions
as your guide.
In your Motion to Change Venue, you generally need to respond to your
Notice to Appear (NTA)
This video
explains how to read your Notice to Appear.
If you read your Notice to Appear and you agree with what is written there, you can write: “I concede the allegations in the Notice to Appear.”
If you do NOT agree with what is written in your Notice to Appear, or you believe that
immigration officials may have violated your rights
when they arrested you, or you have any other doubts, it is best to
talk with an attorney
. You can also try to submit the Motion to Change Venue without mentioning the Notice to Appear. Some judges will still grant a Motion to Change Venue without this information. If the judge denies your Motion to Change Venue, you may want to speak with an attorney before trying again.
If you do not have a copy of your Notice to Appear, you can write: “I do not understand the allegations in my Notice to Appear because I do not have a copy of this document and I do not have an attorney.” Some judges will still grant a Motion to Change Venue in this situation. If the judge denies your Motion to Change Venue, you can try to get a copy of your Notice to Appear and submit again.
To fill out the Proof of Service, which is on the last page, you will need the government attorney’s address. The Proof of Service shows that you provided a copy to the government attorney. You can find the address of the government attorney (OPLA) for your immigration court on
this webpage
. Choose your state, choose “Office of the Principal Legal Advisor”, and press “Apply” to narrow the search.
Put the completed documents together in this order:
Form EOIR-33. You need to complete a separate form for yourself and each person included in your case.
Motion to Change Venue cover page and explanation of why you need to change your immigration court.
Proof of your new address.
Proposed order of the immigration judge.
Proof of service.
Review the package.
Read through all the pages to make sure everything is accurate.
Make sure that you wrote your correct name, A Number, old address, and new address.
Make sure you have signed and put in the date on: (1) Form EOIR-33, (2) the Motion to Change Venue, and (3) the Proof of Service.
Make 2 copies of the package.
You should have 1 original and 2 copies.
The original should be mailed to your current immigration court. You can find
the immigration court’s address here
The first copy should be mailed to the government attorney. You can find the address of the government attorney (OPLA) for your immigration court on
this webpage
. Choose your state, choose “Office of the Principal Legal Advisor”, and press “Apply” to narrow the search.
The second copy should be kept in a safe place for your records.
You can find
tips on mailing your documents here
or you can
watch this video
Wait for the immigration judge’s decision.
The immigration judge’s decision will be mailed to your new address. Check your mail and
the immigration court system
regularly.
Sometimes judges can take a long time to decide on a Motion to Change Venue. If you have been waiting for a long time, or if your scheduled hearing date is coming up, you can try calling the court for an update on your case. You can find
immigration court phone numbers here
. Please note that sometimes it is very hard to get somebody on the phone. You should keep trying.
If you do not get a decision in time, you should go to your scheduled hearing. If you do not go to your hearing, you will likely receive a deportation order for missing your hearing. (If you do miss your hearing, do not give up! Read about
steps you can take
.)
Each immigration agency has a separate process for updating your address.
If you also have an application pending with the United States Citizenship and Immigration Services (USCIS) or check-ins with Immigration and Customs Enforcement (ICE), you can find
instructions for updating your address with those agencies here
If my case is not in the immigration court system yet, can I still update my address with the immigration court?
You can try, although it does not always work. If you think you have a
case in immigration court
, but your case does not appear when you try to
check the automated court system
, you can still try to
update your address
using Form EOIR-33 online or by mail.
To confirm which immigration court to send the Form EOIR-33 to, you can check to see if you have a
document called a “Notice to Appear.”
Some of these documents have the date and place you will appear for your first immigration court hearing, but not all documents have this information.
Unfortunately, even if you send in your Form EOIR-33, there is still a chance that the immigration court will send important documents to your old address.
So it is very important to
check the court system every week
to find out when your first immigration court hearing is scheduled. If you want to pursue your asylum case, it is very important that you attend your immigration court hearings!
If you miss any hearing
, you will likely receive a deportation order.
If you want to submit your asylum application, you can
submit it to USCIS instead
. In general, you must submit an asylum application
within one year
of arriving in the United States.
I want to leave the United States and no longer seek asylum. What should I know?
You have the right to leave the United States, if you choose to. For many asylum seekers who leave the U.S., it may be difficult to
return
legally in the future. If you are considering leaving the U.S., it could be helpful to
talk to an immigration lawyer
first.
Here are some things to know if you are an asylum seeker preparing to leave the United States.
CBP Home App:
Some people can use a U.S. government phone app called CBP Home to leave the United States. You can also leave the United States without using CBP Home.
Registering your intent to leave with CBP Home may help you to avoid arrest and detention while you are preparing to leave, and when leaving.
Some people may also be able to get help paying for a one-way plane ticket to leave the U.S. and receive a payment after leaving.
Only people with no criminal history can use CBP Home.
Learn more about CBP Home here
Steps with immigration court or USCIS:
If you may want to return to the U.S. in the future, you can consider taking steps to avoid receiving a deportation order, such as asking for voluntary departure in immigration court or withdrawing your asylum application. A deportation order makes it much more difficult to ever return to the U.S.
Learn about the steps you can take to avoid a deportation order
Asylum seekers who want to avoid a deportation order likely need to take these steps themselves, even if they use the CBP Home App. The government has
said
that if you have an open immigration court case and you use the CBP Home app to leave the U.S., they will file a motion with the immigration court to dismiss your case. However, we have not seen reports of this actually happening in practice.
Passports:
You may be required to present an unexpired passport when you leave the United States – especially if you are leaving by airplane.
If ICE has your passport
and you want it back, you can tell them you plan to leave and request that they return your passport. If you are using the
CBP Home
app, you can try showing ICE that you have registered with the app.
If you do not have a valid passport, you can contact the consulate of your country of origin and ask about your options, if you feel safe doing so. The U.S. government has also said that it may assist people without a passport to get travel documents to leave the U.S. voluntarily if they use the
CBP Home
app, but we do not yet know how this option works.
If your children are U.S. citizens, it may be a good idea to
request their U.S. passports
now, even if you do not plan for them to depart the United States with you at this time.
Other important documents:
In addition to your passport, it is a good idea to gather other important documents and account information to bring with you when you leave. You could also leave a copy with a person you trust in the United States.
Examples of important documents include birth certificates, Social Security cards, work permits, driver’s licenses, insurance cards, marriage or divorce documents, documents showing guardianship or custody of children, bank account information, retirement account information, tax returns, medical and vaccine records, school transcripts, insurance policies, wills, vehicle titles, immigration case documents, and property documents such as leases or deeds.
Making plans for family and finances:
If you have children who will remain in the United States, you may face complicated decisions about planning for their care.
If you have bank accounts, property, or other accounts in the United States, you may also have decisions to make about them.
You might want to make a Power of Attorney, which is a legal document that lets a trusted person make decisions for you in your absence about your child’s care or your finances still in the U.S.
You can find more in-depth information (including information on powers of attorney) in this
family preparedness guide
or this
deportation preparation manual
. For state-specific information about power of attorneys for the care of your minor children, you can read
this government resource
You can find resources for people who are facing deportation or have already been deported to El Salvador, Guatemala, Honduras, or Mexico (from other organizations
here
here
, and
here
Can I return to the U.S. in the future after I leave the U.S.?
For some people, it can be difficult to legally return to the U.S. in the future. The answer depends on your specific situation.
But there may be things you can do before leaving to improve your chances of being able to legally return in the future.
If you have a pending asylum application:
If you have applied for asylum and are now leaving the U.S., you may want to consider withdrawing your asylum application.
If you leave the U.S. but still have an asylum application pending, and then you do not attend a future interview or hearing in your asylum case, the government could order your deportation. If you are deported, you generally must wait at least 10 years before you can apply to return legally to the U.S.
If you return to your country of origin without withdrawing your asylum application and explaining why it is now safe for you to return to that country, the U.S. government could also determine that your asylum application was fraudulent. That would make it very difficult to ever return to the U.S.
Learn more about withdrawing your asylum application
If you have an open immigration court case:
If you have a case in immigration court and now plan to leave the U.S, you may want to consider requesting “voluntary departure.”
If you leave the U.S. while you have an open immigration court case, an immigration judge may order you deported in your absence at your next court hearing. If you are deported, you generally must wait at least 10 years before you can apply to return legally to the U.S.
If you request “voluntary departure,” and if an immigration judge approves your request, and if you leave the U.S. by the date the judge sets, the same 10-year waiting period does not apply.
However, even with “voluntary departure,” it may still be difficult to legally return to the U.S. in the future, depending on your situation. For example, it could be difficult to return if you have a criminal conviction, if the government believes that you provided false information on an immigration application, or if you lived in the U.S. as an adult for longer than 6 months without a legal status or pending asylum application. In some cases, it may be possible to get a “
waiver
” to return, but this can be very difficult and expensive.
Based on the information ASAP has now, asylum seekers who want to avoid a deportation order would need to take steps themselves, even if they use the CBP Home App. The government has
said
that if you have an open immigration court case and you use the CBP Home app to leave the U.S., they will file a motion with the immigration court to dismiss your case. However, we have not heard any reports of this actually happening in practice.
Learn more about
voluntary departure
. You may want to talk about your options
with a lawyer
If you do NOT have an open immigration court case:
If you do NOT have a case in immigration court and you want to leave the United States, whether you can legally return in the future depends on your specific circumstances.
For example, it could be difficult to return if you have a criminal conviction, if the government believes that you provided false information on an immigration application, or if you lived in the U.S. as an adult for longer than 6 months without a legal status or pending asylum application. In some cases, it may be possible to get a “
waiver
” to return, but this can be very difficult and expensive.
You may want to discuss your options
with a lawyer
The U.S. government mobile phone app
CBP Home
may help some people who want to leave the United States to avoid detention or with costs to travel. However, using that app alone will not make it easier to return to the United States in the future.
What is CBP Home?
Some people can use a U.S. government phone app called "CBP Home" to leave the United States. The government calls this "self-deportation."
The information below is intended for asylum seekers who have already decided that they want to leave the United States and are considering whether to use CBP Home.
Only people with no criminal history can use CBP Home. If you have ever been arrested or accused of a crime, using CBP Home could put you at risk of
detention
. You may also want to be more cautious about using CBP Home if you have not already shared your information with the U.S. government, for example because you do not have a pending immigration case.
You can also leave the United States without using CBP Home. CBP Home will not help you to return to the United States in the future.
Possible benefits of using CBP Home:
If you are eligible, the government may pay for a one-way plane ticket to your country of citizenship, or for some people, to another country that gives you permission to travel there.
You may receive a $2,600 payment from the U.S. government after you have left and your departure is confirmed through the app. But there are also
reports
of people who used CBP Home to leave, then never received any payment.
Registering your intention to depart using CBP Home could help protect against being arrested and detained while waiting to leave the United States. The U.S. government has detained some people even while they are boarding planes to depart the United States, and has stopped and inspected other immigrants leaving the U.S. at land borders.
You may receive help getting travel documents if you do not have a valid passport. But there are some
reports
of people who request this assistance and do not receive it.
Possible risks of using CBP Home:
According to the U.S. government, only people with no criminal history can use CBP Home. If you have any criminal history, using CBP Home could lead to arrest and detention. If you ever crossed a border into the United States without permission and were stopped by U.S. immigration agents, but you are not sure if you were charged with a crime at that time, a lawyer may be able to help you find that out. If you have doubts about anything related to possible criminal history, you may want to
talk to a lawyer
before downloading CBP Home.
The CBP Home application asks you to share a lot of personal information with the U.S. government, including your name, date of birth, photo and potentially your fingerprints. For some people, the U.S. government already has this information. If you have not already shared your information with the U.S. government, for example because you do not have a pending immigration case, you may want to be more cautious before deciding to use CBP Home.
If you are trying to go to a country that is not your country of citizenship, that may be more difficult using CBP Home. In the app, if you indicate that you have a valid passport, the app will only allow you to choose that country as your destination. If you do not have a valid passport, you should be able to select a different country, but we do not know if the U.S. government will respect the request to go to a different country.
Using CBP Home will not make it easier to re-enter the U.S. legally in the future. Asylum seekers who want to leave the U.S. but avoid a deportation order can consider
steps to close their case
even if they use CBP Home.
If you are currently applying for asylum, and you leave the U.S. using CBP Home, you lose any chance to win your asylum case in the U.S.
If you do not have a passport, there have been
reports
that you may not be able to get help to obtain a travel document by using CBP Home.
Some people who have used CBP Home to depart the United States have
not received the $2,600
promised by the U.S. government.
How to use CBP Home:
Important: be sure that you want to use CBP Home to leave the U.S. before you download the app and start to use it.
Read the rest of this list before making a decision.
The app will give a lot of personal information to the U.S. government. If you are still deciding whether to leave the U.S., or if you have ever been accused of criminal activity, you may want to
talk to a lawyer
before using the app.
Download the
CBP Home
mobile app on your phone. It is available in multiple languages. Tell the app whether you are ready to leave or are reporting that you have already left.
Next, the app requires you to agree that it can access your phone’s location in order to continue. You may be able to limit location sharing to “only while using the app” but we do not know exactly how the app may access your location and when.
Enter your name, date of birth, and country of citizenship.
The app then asks “Do you have a valid passport from your country of citizenship?” If you answer “No” then the app requires you to enter your sex, country of birth, and destination country, and gives you the option to enter your “Alien Registration Number” (
A-number
). But if you answer “Yes” then the app does not ask for that additional information.
If you are seeking asylum based on danger in your country of citizenship, it is important to know that CBP Home will not allow you to choose a different destination country for travel if you answer “Yes” to the question about having a valid passport.
Enter your email address and phone number. The app asks if the phone number you enter is international.
The app then directs you to take a photo of your face. The app requires you to allow access to your phone’s camera.
The app then gives you the option to add additional family members who plan to leave the U.S. together with you. Each family member will be a "co-traveler." If your child will travel with only one parent, you will need a notarized consent letter from the other parent, or their death certificate if they are no longer alive. The government suggests finding examples of the consent letter online by searching for 'Minor Travel Consent Form' or 'Letter of Consent to Travel with a Minor.’ You can also
seek guidance from a lawyer
After you submit, you will receive an email with a link and QR code taking you to the USCIS website. There, each person (including co-travelers) must log in or create a
USCIS online account
and complete
Form G-325R
(Biographic Information – Registration). Each family member must have their own USCIS online account to complete Form G-325R. Parents can create and manage a USCIS account on behalf of their child. You need a separate email address for each account. You can watch this
USCIS video
about how to create an online account.
You may then be scheduled for a
biometrics appointment
where the government takes your fingerprints and photo. If you attend this appointment, bring and be ready to show proof that you have already taken the CBP Home steps above.
After that, a U.S. government representative should contact you by phone or email with next steps for your departure. They may help you to schedule a flight, or get travel documents if you do not have a passport. The government says that it will arrange departure within approximately 21 days of approval.
If leaving by plane, the government says that you can bring a maximum of two checked bags (50 lbs. or less each) and one carry-on.
After you leave the U.S. using CBP Home:
If you leave by air or sea:
CBP Home will automatically confirm your departure. The U.S. government says that you do not need to take any additional action on the app, but you can self-report your departure on the app to receive a digital record on your phone.
If you leave by land:
The government requires you to verify your departure on the CBP Home app. Once you are at least three miles outside the U.S. border, open the app, select "Departing Traveler," then "Verify Departure." You will need to allow the app to use your phone's location, submit a new photo, and enter your name, date of birth, sex, passport or A number, and the country you are in.
Receiving payment:
We have heard some reports about people receiving the $2,600 payment from the U.S. government after the app confirms their departure. However, the government does not give specific information about how this works, saying only that a bank account is not required and that the delivery method may be different for each country. There are also
reports
of people who used CBP Home to leave, then never received any payment. If the U.S. government does not send you that payment once you are outside of the U.S., there is probably very little that you can do to get the government to pay you. If you have already left the U.S. without using CBP Home, you will not be able to receive the $2,600 payment or reimbursement for your travel costs.
This guide from another organization
about CBP Home contains additional detail about the app and updates about how it is working in practice.
The Asylum Seeker Advocacy Project (ASAP) aims to provide factual information about current immigration laws. This information is not legal advice.
All legal content is written and legally reviewed by ASAP’s team of expert immigration lawyers. ASAP’s expert lawyers have decades of experience in immigration law and litigation. Collectively, they have won hundreds of cases. Our lawyers are admitted to the Bar in several U.S. states, hold law degrees from universities including Harvard, Yale, and UCLA, and have won multiple awards for their legal work.
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