I Received a Notice to Appear – What Do I Do Now?

     A Notice to Appear (NTA) is a legal document that summons you to Immigration Court. Depending on where you live, this Court may be near-by or hours away. Currently, there are fifty-eight (58) Immigration Courts in the United States (see the list here). Immigration Courts are not civil or criminal – they are administrative, meaning the only thing they do is conduct removal (the old term is deportation) proceedings dealing with immigration. There are many reasons why you would receive this document, including:

• You are a legal permanent resident who committed a removable crime;
• You are a conditional permanent resident whose status terminated;
• You applied for an immigration benefit and it was denied;
• You overstayed your U.S. visa;
• Your U.S. visa was cancelled or revoked;
• You came into the United States illegally instead of through a port of entry;
• You are determined to be inadmissible;
• You passed a credible fear interview at the border;
• You were referred from an asylum office;
• Custom and Border Protection or U.S.C.I.S. officials are not sure of your immigration status;
• You present a danger or risk to national security.

     Every single person in a family will receive a separate NTA – each parent and each child. You may have received the NTA in person or by mail. If you received it in person, you will have a chance to review the information. If you received it in the mail and the information is not correct, it is VERY important to contact the Court and clarify the information. Sometimes, Immigration Courts will mix up people with similar names and similar A-numbers.

     The NTA will show the date, time and location of your first Master Hearing. A Master Hearing is the first general hearing to find out why you are in Court. Since Immigration Courts are federal facilities, you will need valid I.D. to enter. In addition, most immigration proceedings are open to the public. You may bring friends and family for support; however, if you have friends or family who do not have valid legal status, it is best not to bring them.

     One of the first things you may worry about are the allegations in the NTA. The NTA will include a list of charges on why you should be removed from the United States, or why you are not admissible or eligible for any form of relief. It will start with three general allegations:

1. You are not a citizen of the United States,
2. You are a citizen of your home country, and
3. When and where you entered the United States.

     All allegations after that will be specific to your case. For example, if you committed a crime, it will list the specific court and criminal offense. Or, if you crossed the borders without a visa, it will allege you do not hold a current visa or travel document. At the bottom, the NTA will cite the provision in the law (under section 212 or 237) on why you should be removed. Remember: the government has the burden to prove these allegations, so it is proper to hold them to this burden!

     It is HIGHLY recommended that you bring an attorney to your first court date because these proceedings can be very confusing. If you cannot obtain an attorney before this hearing – don’t worry. The judge will usually reschedule the Master Hearing for few weeks to a few months to allow you to interview attorneys and bring one to the hearing. Immigration Courts have an incredible backlog; sometimes, you won’t return to court for years in order to obtain relief (such as asylum, cancellation, legal permanent resident status, etc.).

     In recent years, there have been many challenges to the NTA which have resulted in Immigration Courts having to re-issue hundreds of thousands of documents. This could mean anything from simply rescheduling the court date to being suddenly eligible for a form of relief. In addition, an immigration attorney may have success in completely dismissing the NTA and terminating your case. Again, it is very important to consult an attorney to see what your options are. Please contact me today if you received a Notice to Appear (NTA) and need legal assistance!