How Do I Update My Address, Check My EOIR Case, and Avoid Missing a Hearing?

A missed immigration hearing can start with a mailing problem: the court sent the notice to an old address, or the person told one agency about a move and assumed the other knew. The rules treat these as two separate duties to two separate agencies, and the court's automated phone and web systems are not a substitute for the notice itself. This page explains what each agency must receive, how to prove it, and what can still be done if a hearing was missed.

Which agency must receive an address update?

Both, separately. The immigration court and the Board of Immigration Appeals belong to the Executive Office for Immigration Review (EOIR), part of the Department of Justice. EOIR's Policy Manual, Part I, chapter 5.1 says a person in proceedings must notify the court or the Board of a change of address or telephone number within five days. It states plainly: "Notification to the Department of Homeland Security (DHS) of a change in address does not constitute notification to the immigration court or the Board."

The DHS duty is separate. USCIS states that noncitizens in the United States must report a change of address within 10 days of moving, using Form AR-11 or the online change-of-address tool, with limited exceptions for some visa categories. Filing with USCIS does not update the court, and filing with the court does not update USCIS.

Using Form EOIR-33 and proof of service

The court's form is the Change of Address/Contact Information Form, Form EOIR-33/IC; a case pending at the Board uses Form EOIR-33/BIA. EOIR says the court will not recognize an address change sent on the wrong form. A person without an attorney can file it on paper or electronically through EOIR's Respondent Access portal. An attorney or accredited representative files it electronically in cases eligible for electronic filing. Judges also verify the address at hearings and require a new EOIR-33/IC if it has changed (Practice Manual 3.14).

Court filings generally must also be served on DHS, the opposing party (Practice Manual 2.2). Keep a copy of every EOIR-33 as filed, with the filing confirmation or date-stamped copy and the proof of service. The court applies a receipt rule: a paper document counts as filed when the court receives it, not when it is mailed (Practice Manual 2.1). Keep the USCIS confirmation for the AR-11 or online update in the same folder.

Checking automated case information carefully

EOIR's Automated Case Information system is available online at portal.eoir.justice.gov and by phone at 1-800-898-7180. It is useful for confirming the next hearing date, but EOIR names two limits. Court documents such as hearing notices "are the official source of information on case status." And the system will not show a new hearing date until the court has actually set one.

So an empty or unchanged listing is not proof that nothing is scheduled. If the system and a mailed notice disagree, treat the notice as controlling and contact the court. Note the date and result of each check, so there is a record of what was shown and when.

Avoiding an in-absentia removal order

EOIR warns that if a person fails to keep the address current, a hearing may be held without them and they may be ordered removed in absentia. Under the Practice Manual, there is no appeal from an in absentia removal order; the remedy is a motion to reopen and rescind it.

The deadline for that motion depends on the reason, according to Practice Manual 4.9. A motion based on exceptional circumstances, such as serious illness, must be filed within 180 days of the order. A motion based on lack of proper notice, or on being in federal or state custody through no fault of the person, may be filed at any time. Only one such motion is allowed, and removal is automatically stayed while the judge decides it. The address-update records described above may be important to whether and how notice was provided; counsel should review the complete service record rather than assume a missing letter resolves that question.