News & Insights

1. Will the Missed Appointment Affect Your Immigration Court Hearings?

Key Factors Considered by ICE and Immigration Courts:

• ICE and immigration judges generally assess whether a missed appointment was willful or due to unavoidable circumstances. Since you were unwell and promptly reported the next business day, your actions demonstrate an effort to comply with your obligations.
• The note in your personal report card might indicate a missed appointment, but showing good cause for your absence (e.g., illness) can mitigate its impact.

Impact on Court Hearings:

• Missing an ICE appointment alone does not automatically affect your immigration court hearings. However, a pattern of noncompliance (e.g., repeated missed appointments or failure to report without valid reasons) could negatively influence your case.
• Ensure you keep documentation of your communication with ICE about the missed appointment (e.g., emails, calls) and proof of illness (e.g., a doctor’s note) to support your explanation if questioned in court.

2. Steps You Should Take

Attend All Future Appointments:

• Report to your next appointment on the scheduled date and time without fail. Timely compliance moving forward is critical.

Document Your Illness:

• Gather any available evidence of your illness, such as a medical note, prescription, or any other record showing that you were unwell on the date of the missed appointment.

Explain Your Actions:

• Prepare a brief written explanation of why you missed the appointment and the steps you took afterward (e.g., notifying ICE, reporting the next business day). Keep this for your records or for future use in court if needed.

Consult an Immigration Attorney:

• If you are concerned about how this missed appointment might impact your case, seek advice from an experienced immigration attorney. They can provide tailored guidance and ensure that your actions are aligned with your legal obligations.

3. General Considerations for ICE Check-Ins

Purpose of ICE Check-Ins:

• ICE uses regular reporting appointments to ensure that individuals comply with their immigration proceedings and remain in contact while their cases are pending.
• Missing these appointments without explanation may lead to enforcement actions, such as issuing a warrant for arrest or marking the individual as a flight risk.

Importance of Communication:

• Always inform ICE ahead of time if you are unable to attend an appointment. Follow up in writing and by phone if you do not receive a response.

4. Practical Advice

Stay Organized:

• Keep a calendar of all your immigration-related appointments, hearings, and deadlines. Set reminders well in advance.

Maintain Evidence:

• Save copies of all correspondence with ICE and other immigration authorities. This includes emails, phone logs, appointment notices, and personal report cards.

Build a Strong Case:

• Demonstrating compliance, providing valid reasons for any deviations, and maintaining a respectful demeanor with ICE and the court can help build credibility and support your case.