Receiving a Notice to Appear can be terrifying. This guide explains what an NTA is, what it means for your immigration status, and the critical steps you must take immediately to protect yourself.
Receiving a Notice to Appear (NTA) is one of the most frightening experiences an immigrant can face. The NTA is a formal charging document issued by the Department of Homeland Security (DHS) that initiates removal proceedings against you in immigration court. It lists the factual allegations against you and the legal charges that DHS believes make you removable from the United States.
Do Not Ignore the NTA
The most important thing to understand is this: you must not ignore the NTA. If you fail to appear at your scheduled immigration court hearing, the immigration judge will likely order you removed in absentia — meaning you will be ordered deported without even being present. An in absentia removal order is extremely difficult to overturn and can bar you from many forms of immigration relief for years.
Read the NTA Carefully
The NTA contains critical information: your name and address, the factual allegations DHS is making against you, the legal grounds for removal, and — sometimes — the date, time, and location of your first hearing. Note that many NTAs are issued without a hearing date (known as ‘NTAs without a date’). In these cases, you will receive a separate Notice of Hearing from the immigration court. Make sure your address on file with the immigration court is always current.
Contact an Immigration Attorney Immediately
Time is critical. You should contact an experienced immigration attorney as soon as possible after receiving an NTA. An attorney can review the charges against you, identify potential defenses, file a notice of appearance with the immigration court, and begin building your case. Many defenses in removal proceedings have strict deadlines, and missing them can permanently harm your case.
Understand Your Rights in Removal Proceedings
You have important rights in removal proceedings. You have the right to be represented by an attorney (though the government is not required to provide one for you). You have the right to present evidence and witnesses on your behalf. You have the right to cross-examine the government’s witnesses. You have the right to appeal an immigration judge’s decision to the Board of Immigration Appeals (BIA). You also have the right to remain silent — you are not required to answer questions from immigration officers without an attorney present.
Potential Defenses
There are many potential defenses available in removal proceedings, depending on your specific circumstances. These include adjustment of status (if you are eligible for a green card), cancellation of removal, asylum and withholding of removal, protection under the Convention Against Torture, voluntary departure, and various waivers. An experienced immigration attorney will analyze your case to identify every available defense.
The Bottom Line
Receiving an NTA is serious, but it is not necessarily the end of your immigration case. Many people successfully defend themselves in removal proceedings and remain in the United States. The key is to act quickly, take the proceedings seriously, and work with an experienced immigration attorney who can guide you through every step of the process.
