Can't get an appointment? They can't deny you care: that's what the law says

You spend days, sometimes weeks, trying to snag an appointment at the Immigration Office. When one finally pops up, bam—it’s already fully booked. Then you show up without an appointment and they tell you they can’t help you. Is that legal? Well, according to several lawyers, the answer is clearer than it seems: no, they can’t deny you service if you can prove that the appointment system is an insurmountable obstacle.

The appointment system was implemented as an organizational measure during the pandemic, but many offices still treat it as the sole requirement. The problem is that, with specific exceptions, there is no general rule requiring you to make an appointment to be seen. Lawyer Miguel Arrom, an expert in administrative law, explains it this way: “Appointments can be used to organize things, but they shouldn’t be an absolute barrier.” In fact, if the government office only sees people by appointment and you can’t get one, they’re still obligated to serve you.

What to do if no appointments are available

So if you find yourself in this situation, the first step is to gather evidence. Take screenshots of the appointment page showing no openings, save emails, or collect any documents proving that you tried to book an appointment without success. Then, you can go to the office and request in-person service. If they deny you, ask for written confirmation. “If you can prove there are no appointments, you might win an appeal,” notes Arrom, though he warns that a legal process can take years.

Another lawyer, Mateo Juan, notes that serving the public without an appointment can create inequality. “If some people make an appointment and others walk right in, the principle of equality is violated.” But he agrees on the essential point: “What they cannot do is refuse to serve you. Saying it’s by appointment only and then not giving you one is unacceptable.” For day-to-day situations, we recommend that if your matter is urgent—such as renewing a card about to expire—you explain your situation and ask to be seen. The government has tools to schedule emergency appointments, though they don’t always use them. So take action, and keep insisting.

The legal debate remains open, but there is one point on which all experts agree: the appointment system cannot become an excuse for failing to provide service. If you find yourself stuck without being able to be served, don’t give up. Seek help, go to the office, and, if necessary, file a complaint. You know the drill.

If you’re having trouble with your appointment or paperwork, message us on Telegram: https://t.me/cita_extranjeria