Can I Delay My Immigration Court?

Clients often ask me this question. My answer is never a simple “yes” or “no.” The immigration court has strict rules, and continuances (delays) are granted generally for serious and well-documented reasons.

Valid Reasons for a Continuance

• Medical Issues – Are you sick and do you have a doctor’s report?

• Mental Health Concerns – Do you have a psychiatrist’s report confirming you cannot appear?

• Pending USCIS Applications – Do you have an application still being processed by USCIS that directly impacts your removal case?

How to Request a Continuance

If you have a valid reason, your attorney can file a motion for continuance with the immigration court. This motion should include:

• A clear explanation of the reason for the delay.

• Supporting documents such as medical records, psychiatric evaluations, or USCIS receipts.

• An explanation of how the delay would serve the interest of justice.

What to Remember

• Judges do not grant continuances lightly.

• Simply saying “I want more time” is not enough.

• You must show that your reason is serious, documented, and relevant to your case.

Immigration court is not a playground — missing deadlines or casually seeking delays can have serious consequences.

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This content is for informational purposes only and does not constitute legal advice. Immigration laws and court procedures may change. Always consult with a licensed immigration attorney for guidance specific to your case. Viewing this content does not create an attorney-client relationship. This communication may be considered attorney advertising.