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Stage 1: Getting Started

An Overview

What is the immigration process?

The immigration process is a broad term that describes the different pathways that non-citizen residents of the U.S. undergo in order to obtain legal status and stay in the country. Here are some of the different ways that immigration processes can vary:

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  •  Your U.S. immigration can begin overseas (for example, if you apply for refugee status or a student visa) or it can begin once you reach the American border. 

  • It can end with a green card for some and deportation for others. ​

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In other words, there are many different versions of the immigration process and they can begin and end in many different ways. The process is also always changing, meaning that it is best to consult an immigration attorney or non-profit legal service provider that specializes in immigration on the specifics of your case.​​

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The information on this website is focused on the immigration process that those who enter the United States through the southern border will undergo.  Many people who cross the United States border encounter a patrol officer who then processes them, meaning they will be entered into the systems of different government agencies and be given documents that explain their next steps. Those who enter without a visa or other immigration status, including those who arrived with CBPOne and are paroled, are also placed in removal/deportation proceedings during this encounter. Depending on their reasons for entering the United States, they will apply for asylum or some other form of protection from deportation that will also give them legal status in the US. They will then be given a chance to defend their case in front of an immigration judge, who will determine whether they can remain in the United States or if they will be deported.


The materials on this website are intended to give those who are likely to apply/have applied for asylum or another form of protection from deportation an overview of the immigration process. It is not meant to address every single variation of this process. To understand how the process applies to your situation, you should consult with an immigration lawyer or non-profit immigration legal services agency.

What are the different agencies that are involved in the immigration process?

The United States’ immigration process is overseen by multiple agencies spread across two different departments. The table shows the key responsibilities of each agency within the two departments:

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Adapted from UnLocal’s Community Facing Training

When and how you interact with each of these agencies depends on the details of your particular immigration process. 

 

  • The first agency many asylum seeking community members will encounter is CBP, which operates at the border. 

  • The next two are ICE and EOIR. As we’ll explain in later questions, you’re responsible for checking in regularly with ICE and for attending your immigration court hearings, which are overseen by EOIR. In the case you apply for TPS or work authorization, you will interact with USCIS. 

  • The last agency you may interact with is BIA: this agency oversees appeals to an immigration judge’s decision. In other words, if you have your case heard by an immigration judge and they decide to order you removed from the United States, BIA is the agency that will consider whether the judge’s decision was just, should you decide to contest it.

Stage 1 Questions

​Overview

  • What is the immigration process?

  • What are the different agencies that are involved in the immigration process?

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Your Documents

  • I've received several documents at the border, but I do not understand what they are.

  • I've just arrived and I'm overwhelmed by all of this information. What should I focus on first?

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Your Immigration Court Hearing

  • How can I find when my next hearing date is?

  • What's going to happen at my first immigration court hearing?

​Checking in with ICE

  • What is ICE and why do I also have to check in with them?

  • How do I schedule and check in for my appointments with ICE?

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Moving During the Immigration Process

  • What happens if I move while I'm waiting for my individual merits hearing?

  • How do I change my address?

  • How do I file a change of venue?

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