The 7 Most Common Immigration Court Mistakes — And How to Avoid Them (2025 Guide)
Walking into immigration court is easily one of the most intimidating experiences you can face. The stakes couldn't be higher, the language is complex, and the rules are strict. Every detail matters, not just your evidence, but how prepared you are, what you bring, and how you present your story.
At Samper Law, based right here in Woburn, Massachusetts, we represent immigrants across the U.S. every single day. We have seen cases won because of excellent preparation, and sadly, we have seen cases lost because of simple, avoidable errors.
After thousands of hearings, we’ve identified the 7 most common mistakes people make in immigration court and the steps you can take to avoid them.
1. Arriving Late (Or Not at All)
In immigration court, timing is everything. If your hearing is at 8:30 AM and you walk in at 8:45 AM, the Immigration Judge may have already issued an order of removal (deportation) in your absence. This is called an in absentia order, and it is incredibly difficult to reverse.
✔ How to avoid this:
Plan Ahead: Arrive at the courthouse 45–60 minutes early.
Expect Delays: Security lines can be long and unpredictable.
Be Certain: Confirm your courthouse location the day before. Even a few minutes can make the difference between continuing your case or losing it completely.
2. Showing Up Empty-Handed
Many immigrants show up without their hearing notice, passport, or critical evidence. This can delay your case or significantly weaken your defense.
✔ How to avoid this: Create a dedicated "Court Folder" that stays with you. It must include:
Your government-issued ID.
A full copy of your court filing.
All receipts and evidence.
A pen and notepad.
Your attorney’s business card. If you don’t have a lawyer yet, bring every immigration document you own.
3. Not Preparing Your Testimony
One of the biggest traps is assuming you can “just tell your story naturally” on the stand. Immigration court requires clear dates, a consistent timeline, and specific details. Wandering, vague, or inconsistent answers can hurt your credibility.
✔ How to avoid this: Preparation doesn’t mean memorizing a script; it means having clarity. Practice answering the hard questions:
“Why did you come to the U.S.?”
“What happened specifically before you left your country?”
“Why can’t you return?”
“What specific harm or danger did you face?”
4. Not Having Certified Translations
Judges cannot accept documents that are in a foreign language without a proper translation. They also will not accept translations done by family members or those missing a certification page. This is a very common reason judges are forced to reject crucial evidence.
✔ How to avoid this: Ensure every single document in another language has:
A full, complete translation.
A certification page.
The translator’s name and signature.
5. Not Updating Your Address With EOIR & USCIS
This is a critical administrative step. If the court or USCIS sends a hearing notice to an old or wrong address, you are held responsible, even if you never received it. Missing a rescheduled hearing often leads to an automatic removal order.
✔ How to avoid this: Whenever you move, you must update your address in four places:
EOIR (The Immigration Court)
USCIS (Immigration Agency)
Your Lawyer
USPS (The Post Office) Taking this small step protects you from life-changing consequences.
6. Listening to TikTok or “Amigos” Instead of a Lawyer
Misinformation destroys cases. Friends, social media influencers, and "notarios" often give advice that is outdated, wrong, or simply doesn't apply to your specific situation. Relying on rumors often leads to contradictions in court.
✔ How to avoid this: Always verify information with a licensed immigration attorney. Every case is different — what worked for your neighbor might actually destroy your case.
7. Thinking You Don’t “Have a Case”
One of the most tragic mistakes is self-disqualifying before even speaking with an attorney. We regularly represent clients who initially believed their case was too weak, that it was too late, or that they had no chance. Many of them now have work permits or are on the path to a green card.
✔ How to avoid this: You don’t truly know your options until a lawyer reviews your full history, including:
Your FOIA records.
Your timeline and entry.
Your eligibility for humanitarian protections. You may have legal options you have never been told about.
How Samper Law Helps in Immigration Court
Our team supports immigrants in all 50 states. We know the court system, we know the judges, and we know what works. We handle:
Asylum defense
Cancellation of removal
Motions to reopen & Stays of removal
Bond hearings
Appeals & federal litigation
And we treat every case with the urgency it deserves.
You Are Not Alone
If you are facing immigration court, have been detained, or feel overwhelmed, there is still hope. Your life, your safety, and your family deserve a powerful defense.
Samper Law 📍 Woburn, Massachusetts
📞 Call us: 781-321-3700 📱 WhatsApp: 857-600-8145
Confidential consultations available in English, Spanish & Portuguese.
