A Guide to Immigration Court Filing in NYS

The Immigration Court is the entity responsible for conducting removal proceedings and adjudicating immigration cases in the U.S. They handle cases, including deportation and removal of foreign-born individuals.

As of 2022, there are over 60 immigration courts located throughout the United States. The general rule is that cases are heard at the court where the defendant lives in. In New York State, the Immigration Court is located on the 12th floor of 26 Federal Plaza, New York, NY.

Serve Index LLC outlines everything you need to know when filing your case with the immigration court in NYC.

What Are the Acceptable Filing Methods?

Filing of documents may be done either by personal delivery or through the U.S. Postal Service or a courier. Hand-delivered filings should be brought to the Immigration Court’s public window between the hours of 8:30 a.m to 5 p.m.

Note that a document or application is considered as “filed” when they have been officially received by the Immigration Court. The court does not recognize the “mailbox rule” – meaning documents are not considered filed just because they have been received by the U.S. Postal Service or a commercial courier.

Additionally, postage or shipping fees must be paid in full by the sender. Documents sent using a courier or a similar service must also consist of a packing slip, complete with the label and billing information. Failure to accomplish these requirements may result in the Immigration Court not accepting your package.

To ensure timely filing, the Immigration Court advises the use of a courier or an overnight delivery service. However, delays in delivery due to a courier do not excuse an untimely filing.

Other Important Things to Remember

Below are other things to note when filing cases with the Immigration Court:

  • Use of Separate Envelopes: Filings for two different matters should not be placed in the same envelope. Instead, documents should be sent separately or in different envelopes within a package.
  • Filing Through Fax: Filings via fax will not be accepted unless this method has been authorized by the Immigration Court or the Immigration Judge.
  • E-Filing: Electronic submissions via the Immigration Court’s EOIR Case & Appeals System is only acceptable for Form EOIR-28. All other filings should be completed through in-person delivery or via shipping or courier service.

using laptopDeadlines for Filing

Filing deadlines will vary depending on the stage of the proceedings. But here’s a general guideline for setting deadlines:

  • Deadlines on Specific Dates: The filing deadline may be set on a specific date by the Immigration Judge. Deadlines falling on the weekend or a legal holiday will be moved to the next business day.
  • Deadlines Prior to Hearings: If a filing is due before a hearing, the day of the hearing is considered as “Day 0” and the day before a hearing as “Day 1.” Again, deadlines that fall on a weekend or a legal holiday are moved to the next business day.
  • Deadlines Following Hearings: For deadlines set following a hearing, the day of the hearing serves as “Day 0” and the day after a hearing is “Day 1.” Deadlines that fall on a Saturday, Sunday, or legal holiday are moved to the next business day.
  • Deadlines Following an Immigration Judges’ Decisions: Filings may be due within a specific period of time following the Immigration Judge’s decision. In these cases, the release of a decision is “Day 0” and the following day is “Day 1.” Deadlines will be moved to the next business day if they fall on a weekend or a legal holiday.

For more information on filing deadlines, you can view them here.

How Serve Index LLC Can Help

Court filing can be intimidating, but it is also crucial for your case to move forward. Ensure that the necessary forms and papers are filed accordingly with help from Serve Index LLC. Our hardworking team will not only file your papers in court, but we also ensure that they are served to the right people.

Leave the filing of your documents to experts. Reach out to us today to get a free quote.

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