The Importance of Immigration Form EOIR-33.
There are many forms and documents involved in the immigration process. Each immigration form has a specific purpose and role in ensuring that alien’s are released in the most informative and responsible way possible. One of these forms is the EOIR-33 form. A detailed description of this important and essential immigration form is provided in the following paragraphs.
When Immigration and Customs Enforcement (ICE) arrests an alien because it believes that he/she is in the United States illegally, it has 48 hours to decide whether there is prima facie evidence to justify this allegation, via Immigration Form EOIR-33. 8 C.F.R. 287.3(b).
If it decides that there is, it issues a Notice to Appear (NTA), serves it on the alien, and files it with the immigration court having jurisdiction over the geographic location where it is detaining the alien. These actions are the start of a removal proceeding against the alien, and vest jurisdiction (i.e., establish venue) in the immigration court on which it served the NTA. 8 C.F.R. 1003.14. 8 C.F.R. 1003.15 sets forth the required content of the NTA.
For example, the form EOIR-33 must provide the address and telephone number at which the alien can be contacted. Since ICE normally provides the NTA to the immigration court while the alien is still detained, it may not have the address at which the alien will reside after posting of a delivery bond. ICE normally provides a copy of any bond to the immigration court. Thus, the court has the address listed on the bond. It is the responsibility of the alien (or someone acting on his/her behalf) to notify the court of any change in this address on a Form EOIR-33 within five days of the change. It is vital that the alien comply with this requirement because the immigration court is only responsible to send notices of hearings, etc. to the address it has on file. Thus, an alien cannot claim a lack of service if he/she fails to keep the court informed of his/her correct address.
Having the alien return for court is one of the most important aspects of the immigration bond. It incentivizes the alien to show up for their hearing as well as the holds them accountable for their actions should they not. It is the responsibility of the alien (or someone acting on his/her behalf) to ensure that the immigration court has a current address to send notices of hearings. Use Immigration Form EOIR-33 to notify the court of any change of address. Without a current address or location, the chances of the alien returning to court diminish substantially because the court has no way to notify and remind the alien of the impending court date.
So, as you can see, the Form EOIR-33 is an important document. It keeps the entire immigration process moving in a straightforward, timely and responsible manner. You can view and download forms on resources page.
If you have any questions regarding the immigration bond process, you can call us at (844) 910-2342 or you can contact us.
