What Happens During an Active Immigration Case?

Introduction

Woman in blazer reviewing documents with man at office table

Facing an active immigration case can feel overwhelming. Whether you have filed an application with the United States Citizenship and Immigration Services (USCIS), received a government notice, or been placed in removal proceedings, it helps to know what to expect. Understanding the steps in a typical immigration matter reduces uncertainty and helps you make better decisions.

This article walks through a common timeline—from filing and USCIS processing to biometrics, interviews, Requests for Evidence (RFEs), appeals, and possible Immigration Court proceedings. We explain key terms in plain English, outline which federal agencies are involved, and describe the kinds of documents and evidence that often matter.

Immigration law can be complex, but learning the process empowers you to organise documents, meet deadlines, and protect your rights. This guide is educational and does not replace personalised legal advice; if your situation is urgent or complicated, consult an experienced immigration attorney.

Keep reading to learn practical timelines, what typically happens at each stage, and when you should consider seeking legal representation.

Filing and USCIS processing

Most immigration matters start with a filing to a government agency. Family-based petitions, naturalisation applications, asylum claims, and certain humanitarian applications are filed with USCIS. Other processes—like visa applications processed at a U.S. embassy—follow “consular processing.” “Adjustment of Status” is how some people apply for a Green Card (lawful permanent residence) while inside the U.S.

After you file, USCIS will usually send a receipt notice confirming it has the application. This notice will include a receipt number you can use to check case status online. Typical early steps in USCIS processing include a biometric appointment and a case review. Processing times vary by form, service centre, and caseload; many forms take several months to more than a year. For an overview of common application steps and timelines, see our page on Immigration Processes.

Key agencies involved at this stage include:

  • USCIS (United States Citizenship and Immigration Services): Reviews immigration applications and makes eligibility decisions.
  • DHS (Department of Homeland Security): Oversees immigration enforcement and certain benefits through its components.
  • U.S. Department of State: Handles consular processing and visa issuance for applicants outside the U.S.

Biometrics, interviews and evidence gathering

Biometrics: Shortly after filing, USCIS often schedules a biometrics appointment. Biometrics means giving fingerprints, a photograph and sometimes a signature so background and security checks can be completed. Attend the appointment on time and bring the required ID; missing biometrics can delay or jeopardise your case.

Interviews: Many applications require an interview. For family-based Green Cards and naturalisation, applicants usually attend an interview with a USCIS officer. For applications filed abroad, interviews take place at a U.S. embassy or consulate.

What to bring to interviews and how to prepare:

  • Original documents and certified copies (birth certificates, marriage certificates, police records).
  • Translated documents when applicable (translations should be certified).
  • Copies of previously submitted forms and supporting evidence.
  • Evidence that supports eligibility—proof of family relationship, continuous residence, economic support, or rehabilitation as applicable.

Gather documents early, organise them chronologically, and keep a copy of everything you submit. If you have criminal records, prior removals, or other complications, note these early and discuss them with counsel.

Requests for Evidence (RFEs) and government notices

An RFE (Request for Evidence) is a common government notice. If USCIS needs more information to decide your case, it will issue an RFE describing what is missing and provide a deadline for responding. RFEs are not uncommon and do not necessarily mean your application will be denied, but they require a careful, timely response.

Another notice some applicants receive is a Notice to Appear (NTA). An NTA initiates removal proceedings and means the Department of Justice’s Executive Office for Immigration Review (EOIR) will schedule hearings in Immigration Court. An NTA moves the matter from administrative adjudication before USCIS to the litigation-style environment of Immigration Court.

Respond to RFEs and other notices promptly. Keep proof of timely mailing or electronic submission. When answering an RFE, provide clear, organised evidence that directly addresses the items requested.

When a case goes to Immigration Court

If USCIS refers a case or ICE issues a Notice to Appear, your matter may proceed before the Immigration Court (part of EOIR). Immigration Court is a formal process where a Department of Justice attorney prosecutes removal cases and an Immigration Judge decides custody, relief and removability issues.

Common hearing types you may encounter:

  • Master Calendar Hearing: A preliminary hearing where procedural matters, deadlines, and plea-type admissions are handled. It is usually brief and sets the schedule for the case.
  • Individual Merits Hearing: A longer hearing where evidence and witness testimony are presented. This is where the judge evaluates claims for relief such as adjustment of status, asylum, cancellation of removal, or other forms of protection.
  • Bond Hearing: If detained, you may have a bond hearing to request release from custody while your case proceeds.

Timelines in Immigration Court vary widely. Some cases resolve in months, while others take years if continuances or appeals follow. Immigration Court procedures are governed by EOIR rules; having an attorney familiar with these rules improves the chance of meeting procedural requirements and presenting strong evidence.

Appeals and other review options

If the Immigration Judge issues an unfavourable decision, parties may appeal to the Board of Immigration Appeals (BIA). The BIA reviews the judge’s decision for legal errors and can affirm, reverse, or remand (send back) the case. Decisions from the BIA can sometimes be appealed to a federal court of appeals through a petition for review.

Other review paths include a motion to reopen or reconsider filed with the Immigration Court or BIA when new facts or legal arguments arise. Deadlines for appeals and motions are strict, so timely legal advice is essential.

For cases involving removal or deportation, Gonzalez Law Offices provides experienced removal defence and representation before Immigration Court. Appeals and post-decision motions are technical and benefit from specialist attention.

Your rights, evidence tips, and when to seek counsel

Know your rights. In Immigration Court you have the right to be represented by an attorney at your own expense. If detained, you have certain procedural protections and the right to request bond. You also have the right to present evidence, call witnesses, and testify on your own behalf, though you are not required to testify.

Evidence tips:

  • Organise documents into labelled folders or a single, clearly paginated binder.
  • Provide certified English translations for any foreign-language documents.
  • Obtain written affidavits from witnesses who can corroborate significant facts (family relationships, continuous residence, hardships, or rehabilitation).
  • Keep originals and provide copies; know where to find underlying records quickly.

When to seek counsel:

  • When you receive a Notice to Appear or other court notice.
  • Before responding to RFEs or filing appeals or motions.
  • If you have criminal convictions, prior removals, or complex eligibility issues.
  • If you are detained or facing a bond hearing.

An experienced immigration attorney can assess relief options (for example, family-based adjustment, cancellation of removal, asylum, U visas, or waivers), prepare evidence, meet deadlines, and argue effectively before USCIS, EOIR, and appellate bodies.

If you want help understanding your options or preparing for interview or court, you can schedule a consultation with an immigration lawyer to discuss your case confidentially.

Frequently Asked Questions

Q: How long does it take for USCIS to make a decision after I file?

A: Processing times vary depending on the form, service centre, and caseload. Some forms take a few months; others can take a year or longer. Always check your receipt notice for case status and current processing estimates.

Q: What should I do if I receive a Request for Evidence (RFE)?

A: Read the RFE carefully to understand what documents the government requests and the deadline. Provide organised, specific evidence that directly answers each item. Consider consulting an immigration attorney before responding to ensure your reply is complete and persuasive.

Q: Does receiving a Notice to Appear mean I will be deported?

A: A Notice to Appear starts removal proceedings, but it does not automatically mean you will be deported. You will have chances to present defences or request relief before an Immigration Judge. It is important to seek legal advice promptly when you receive an NTA.

This article is provided for general educational purposes only and should not be considered legal advice. Immigration laws and government policies change periodically, and every immigration matter is unique. Reading this article does not create an attorney-client relationship. If you have questions about your specific immigration situation, consult an experienced immigration attorney.

Appearing before Immigration Court or facing removal proceedings can be overwhelming. Attorney Deborah Gonzalez has extensive courtroom experience and is committed to providing knowledgeable legal representation throughout the process. Call (401) 432-7500 or email info@gonzalezlawoffice.com to discuss your situation confidentially.