Move Immigration Case To The Court In My New State
Author: New York Immigration Attorney Alena Shautsova
I have changed my address online and have moved to a different state. Can I move my case to the Immigration court in my state?
Yes you may, if your new address is outside of the state your Immigration case is in, you may move your case to the court within your state. This is referred to as a “Change of Venue” and while most judges will agree to a change of venue based on relocation to a different state, as always in Law, there are a few things that are taken into consideration.
Can I show up to court at my next appearance and ask for a change of venue orally?
The answer to this question is yes, however, do you really want to risk the chance of being denied at that hearing or having your case postponed? Most likely not, that is why it is best to submit a “Motion to Change Venue” prior to your next hearing date. If your previous address was in California, and your new address is in New York, you don’t want to have to make an additional trip back to California on the date of your hearing, let alone having the chance the judge requests additional evidence.
To file a Motion to Change Venue you must provide the court with a few documents supporting your claim to have moved out of the state.
- Identification of a fixed street address.
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- This is the only required document by law to submit a Motion to Change Venue, however it is the opinion of this firm through experience that additional documents, if at least explanation for the move be submitted as the government has the power to oppose this motion and the judge has the ultimate decision in granting or denying said motion.
- If there are any witnesses beneficial to your defense in Immigration court, located within your state or very close by ( i.e. Witness is on the Borderline of a neighboring state such as New Jersey for NY Courts) show that it would be detrimental to your case if not allowed the opportunity to present such witness.
- Financial hardship suffered if required to continue court proceedings in your previous state.
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- You should show why your move to your new address was necessary not convenient for you and if applicable your family.
- If you have any witnesses in your new state, show that it would be financially burdensome for them to go with you to court in your previous state.
- Lastly, show that the government will not suffer a prejudice if the case is moved to your new state.
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- Explain if possible that while you have a live witness (a person who will come to court and testify on your behalf, not just submitting an affidavit) it is highly unlikely that the government will produce a live witness for your trial.
This motion should be served to the DHS, and then submitted to the Court with a proof of service. DO NOT SUBMIT A PROOF OF SERVICE TO DHS. This office does not endorse the submission of any material to Immigration Court without prior consultation with an attorney. For this reason to increase the likelihood of a favorable outcome it is imperative that you seek counsel before submission.
My motion to change venue has been submitted but I have not received a notice as to whether or not it has been granted or denied. My Court date is coming up and I do not know if I should go to court in my previous state. What should I do?
Unfortunately without a ruling on your Motion to Change Venue you will have to go to court. At this court hearing the judge will either grant or deny your Motion to Change Venue.
If you want to try and avoid this expense, you may call the judges law clerk, preferably as far in advance as possible ( do not wait until the last minute or you will inevitably have to show up to court in your previous state) and ask if a ruling has been made. Explain the situation and ask if it is possible to have a decision made before your next court date.
Immigration Court Proceedings can be stressful without the proper knowledge and counsel of an experienced professional. Book a Consultation today!
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