If you have to appear in immigration court without an attorney, the first thing you should do when you arrive in court is ask the judge for more time to find an attorney.

Even if the judge has previously stated that they will not give you any more time to find an attorney, it is important to ask. If the judge denies your request, a future attorney may be able to reopen your case by arguing that the denial was unfair. It is always important to ask.

It is also important to show diligence in trying to find an attorney. Diligence means keeping track of how many attorneys' offices you have called, any meetings you have had, and any upcoming meetings you have scheduled. If you can show the judge that you have contacted attorneys but they are not available to help you until after the hearing, this will show diligence on your part. It will also give the judge an idea of when you may be able to appear with an attorney. The judge may then reset your case for a reasonable period of time so you can have that consultation, retain the attorney, and have the attorney appear with you.

If the judge refuses to give you more time, you will need to represent yourself.

The first thing the judge will ask about when you are representing yourself is the Notice to Appear. You will have to admit or deny whether you properly received the Notice to Appear and whether the allegations in the Notice to Appear are correct.

Because analyzing whether you properly received the Notice to Appear is an important legal issue, my recommendation is that you deny proper service and require the ICE prosecutor to prove that they properly served you.

By denying the allegations in the Notice to Appear, you can force the ICE prosecutor's office to prove each of those allegations. There is no penalty in immigration court for denying service, denying that there is a proper Notice to Appear, and denying the allegations, even if ICE later proves that they are true.

It is possible that you deny these allegations and the judge still overrules them and requires you to continue with the case. Even so, it is important to deny them so that the issue is preserved for the future, when an attorney can review the case and appeal the judge's ruling if appropriate.

If the judge requires you to request relief, your options will depend on your individual circumstances. This is one of the reasons it is especially important to have an attorney if possible.

If you are afraid of returning to your home country, you can ask for asylum, withholding of removal, or protection under the Convention Against Torture, also known as CAT.

If you have been residing in the United States for more than 10 years and you have children who are U.S. citizens, a spouse who is a U.S. citizen, or a parent who is a U.S. citizen or lawful permanent resident, you can request cancellation of removal.

There are many different immigration relief options, and they are very fact-specific. If the judge is requiring you to go forward without an attorney, the judge may help identify what you may be eligible for based on how long you have been in the United States and whether you have qualifying family members. If you initially denied the allegations, you can discuss with the judge how long you have been in the United States, how you entered the United States, and whether you have children, because the judge has already heard your denial and overruled you.

The judge will hopefully set the case for a future date for your trial on the merits of your case.

This information is intended to provide general guidance about what to do if you are unable to get an attorney before your preliminary hearing or a later hearing in immigration court.