If you or someone you love has received a Notice to Appear — commonly called an NTA — the most important thing you can do is take it seriously and act quickly. An NTA initiates formal removal (deportation) proceedings in immigration court. Ignoring it will result in an order of removal issued in your absence, which is far harder to undo.
What Is a Notice to Appear?
An NTA is a charging document issued by the Department of Homeland Security (DHS). It lists the allegations against you — typically factual claims about your immigration status and entry — and the legal grounds for removal. It also sets a court date, though many NTAs are initially issued without a specific date, requiring you to check with the immigration court for scheduling.
Receiving an NTA means the government believes you are removable. It does not mean you will be deported — it means you must appear before an immigration judge to contest or accept that determination.
Step 1: Do Not Ignore It
This cannot be overstated. If you receive an NTA and do not appear at your immigration court hearings, the judge will issue an In Absentia order of removal. This means you are ordered deported without being present, without making any argument, and without any relief considered. In absentia orders are extremely difficult to reopen and can result in a 10-year bar on returning to the U.S.
Step 2: Contact an Immigration Attorney Immediately
You have rights in immigration court. You have the right to be represented by an attorney (at your own expense — immigration court does not provide public defenders). You have the right to present evidence, call witnesses, and appeal decisions. But exercising those rights requires preparation — preparation that takes time you may not have if you wait.
When you meet with an attorney, bring:
- The NTA document itself
- All immigration documents you have ever received (visas, approval notices, prior applications)
- Your passport(s)
- Any documents related to why you came to the U.S.
- Information about your family members and their immigration status
Step 3: Understand What Defenses May Be Available
Removal proceedings are not automatic deportation. Depending on your situation, one or more of the following defenses or forms of relief may apply:
- Cancellation of Removal: Available to certain long-term residents (10 years for non-LPRs; 7 years for lawful permanent residents) who demonstrate exceptional hardship to a qualifying U.S. citizen or permanent resident spouse, parent, or child
- Adjustment of Status: If you are the beneficiary of an approved immigration petition and a visa number is available, you may be able to apply for a green card in immigration court
- Asylum, Withholding of Removal, or CAT: If you fear persecution or torture in your home country
- Voluntary Departure: Allows you to leave the U.S. voluntarily within a set period, avoiding the formal removal order and its bars to reentry
- Prosecutorial Discretion: DHS has the authority to close or terminate cases it considers low priority, though this is exercised inconsistently
- Appeal of the NTA itself: In some cases, the NTA may be legally defective or the underlying allegations incorrect
What Happens at Immigration Court
Immigration court proceedings typically involve multiple hearings:
- Master Calendar Hearing: A short initial hearing where you confirm your identity, receive an explanation of charges, and advise the court of your response. This is where your attorney enters a notice of appearance and begins the process.
- Individual Hearing (Merits Hearing): The full hearing where you present your case, call witnesses, submit evidence, and the government presents its arguments. This is the trial.
- Decision: The judge issues a decision at the end of the merits hearing or shortly after. Either party can appeal to the Board of Immigration Appeals (BIA).
If You Are Detained
If you or a family member has been detained by ICE, time is even more critical. Detained individuals are entitled to a bond hearing, at which an immigration judge considers whether they should be released and at what bond amount. Bond hearings can happen quickly — but only if an attorney is involved to request them and present the case for release.
If you need emergency help for a detained individual, call our office immediately. We handle emergency bond hearings.
