What to Do If You Receive a Notice to Appear (NTA): A Complete Guide to Immigration Court and Removal Proceedings

Receiving a Notice to Appear (NTA) can be one of the most stressful moments in an immigrant's life. The document may contain allegations about your immigration history and legal charges explaining why the U.S. government believes you may be removable from the United States.

However, receiving a Notice to Appear does not automatically mean you will be deported.

An NTA generally means that the Department of Homeland Security (DHS) is seeking to place you in removal proceedings before an immigration judge. Depending on your immigration history, family relationships, fear of returning to your country, criminal history, and other circumstances, you may have defenses or forms of immigration relief available.

The most important thing is to take the NTA seriously and act quickly.

At The Law Office of Todd Becraft, we assist immigrants facing complex immigration matters, including removal proceedings, asylum cases, family-based immigration issues, and cases involving criminal history.

This guide explains what a Notice to Appear means, what happens after receiving one, and what steps you should consider taking to protect yourself.

What Is a Notice to Appear (NTA)?

A Notice to Appear, commonly called an NTA, is Form I-862. It is the charging document used by the Department of Homeland Security in removal proceedings.

The NTA generally contains factual allegations about the person and lists one or more legal charges explaining why DHS believes that person may be removed from the United States.

Removal proceedings generally commence when DHS files the NTA with the immigration court after serving it on the noncitizen.

In some situations, the initial NTA may not contain the date and time of the first hearing. The immigration court may later issue a separate Notice of Hearing with scheduling information.

Never assume that you do not have a hearing simply because a date does not appear on the original NTA.

Does Receiving an NTA Mean You Are Going to Be Deported?

No. An NTA should not be confused with a final order of removal.

Receiving an NTA generally means that the government is alleging that you are removable and is beginning the legal process through which an immigration judge will consider the case.

During removal proceedings, DHS can pursue its allegations and charges. The person in proceedings may be able to challenge those allegations, contest removability when legally appropriate, present evidence, and apply for available forms of relief.

This distinction is extremely important.

An NTA is essentially the beginning of the government's case. It is not necessarily the final outcome of your immigration case.

What Should You Do Immediately After Receiving an NTA?

1. Do Not Ignore the Notice to Appear

Ignoring an NTA can have extremely serious consequences.

Do not throw the document away because you think the government made a mistake. Do not assume a pending immigration application will automatically resolve the situation. Do not assume that having U.S. citizen children or being married to a U.S. citizen automatically protects you from removal.

These documents can become extremely important when an immigration attorney evaluates your case.

2. Read Every Allegation Carefully

The NTA contains factual allegations about your immigration situation.

Do not automatically assume every allegation is correct.

Dates may be incorrect. Immigration history may be incomplete. A criminal conviction may be characterized in a way that requires further legal analysis.

An experienced immigration attorney can compare the NTA with your immigration and criminal records and determine whether the government's allegations and legal charges should be admitted, denied, or challenged.

3. Determine Whether Your Case Is in Immigration Court

Being served with an NTA and having the NTA filed with immigration court are related but distinct steps.

After receiving an NTA, determine whether your case has been entered into the immigration court system.

You can check your case through the Executive Office for Immigration Review's Automated Case Information system using your Alien Registration Number, commonly known as an A-Number.

Continue monitoring the case because hearing information can change.

4. Never Miss an Immigration Court Hearing

This is one of the most important rules after receiving an NTA.

Do not miss your immigration court hearing.

Under certain circumstances, failing to appear can result in an immigration judge ordering you removed in absentia, meaning the removal order can be entered while you are not present.

If you move, you must also make sure that the immigration court has your correct address.

Do not assume that updating your address with USCIS automatically updates your address with immigration court.

Current EOIR instructions require individuals with pending immigration court or Board of Immigration Appeals matters to report changes in their address or contact information within five working days.

Missing a hearing because you did not receive a notice after moving can create a complicated legal problem.

What Happens at Your First Immigration Court Hearing?

The first immigration court appearance is generally called a Master Calendar Hearing.

Think of this as a preliminary court hearing rather than the full trial of your immigration case.

During a Master Calendar Hearing, the immigration judge may address procedural issues, representation, the allegations contained in the NTA, the government's charges of removability, and the forms of immigration relief you may seek.

The immigration judge may ask you to respond to the allegations contained in the NTA.

This process is sometimes referred to as taking pleadings.

You may be asked whether certain factual allegations are true or false and whether you concede or contest the government's charge that you are removable.

These answers can have significant legal consequences.

This is why it can be extremely important to have an immigration attorney review your NTA and immigration history before you make admissions in immigration court.

If you intend to seek relief from removal, the judge may establish deadlines for applications, supporting documents, evidence, and other filings.

Eventually, cases requiring testimony and evidence may proceed to an Individual Calendar Hearing, sometimes called a merits hearing.

Can You Fight a Notice to Appear?

Potentially, yes.

Receiving an NTA does not mean there is nothing you can do.

An immigration attorney generally needs to investigate two major questions:

First: Has DHS correctly established that you are removable under immigration law?

Second: Even if you are legally removable, do you qualify for a form of relief that could allow you to remain in the United States?

The appropriate defense depends entirely on the facts of the individual case.

Two immigrants can appear to have very similar situations but have completely different legal options because of differences in their immigration history, manner of entry, family relationships, criminal records, prior applications, or previous immigration proceedings.

NTA and Asylum Cases

A Notice to Appear is especially significant for immigrants who are afraid to return to their home countries.

An eligible person who is already in removal proceedings may seek defensive asylum before an immigration judge.

This differs from affirmative asylum.

Affirmative asylum generally begins with USCIS for someone who is not currently in removal proceedings. Defensive asylum is pursued before an immigration judge as a defense against removal.

An asylum applicant generally needs to demonstrate that they satisfy the legal requirements for asylum, including establishing qualifying past persecution or a well-founded fear of future persecution connected to a legally protected ground.

These forms of protection have different legal standards and consequences.

Hypothetical Case Study: Asylum Applicant Receives an NTA

Consider a hypothetical immigrant named Daniel.

Daniel fled his home country after receiving repeated threats because of his political activities.

After arriving in the United States, Daniel eventually finds himself in removal proceedings and receives a Notice to Appear.

Daniel panics.

He assumes: "I received deportation papers. That means they're sending me back."

That is not necessarily what the NTA means.

Daniel's immigration attorney reviews his NTA, his manner of entry, the timing of his asylum claim, his immigration history, and the circumstances surrounding the threats he experienced.

The attorney then begins developing evidence that could potentially support Daniel's request for protection.

Daniel may then have an opportunity to present his case before an immigration judge.

The important lesson is: receiving an NTA does not automatically determine whether someone qualifies for asylum. It begins or relates to a legal process in which eligibility for protection may be decided.

What Happens When Someone Overstays a Visa and Receives an NTA?

Visa overstays are another common reason people may find themselves in removal proceedings.

Imagine someone legally entered the United States using a visitor visa.

The individual was authorized to remain for a limited period but stayed after that authorized period expired.

Years later, the person receives an NTA alleging that they are removable because they remained in the United States beyond the period permitted.

Many people immediately think: "I overstayed my visa, so there is nothing an immigration lawyer can do."

That conclusion can be premature.

The overstay may establish an important part of the government's case, but an immigration attorney still needs to evaluate the person's entire situation.

A visa overstay is one fact in the immigration case. It does not necessarily answer every question about whether the person has a legal avenue to remain in the United States.

Hypothetical Case Study: Visa Overstay and Marriage to a U.S. Citizen

Consider another hypothetical example.

María legally entered the United States many years ago with a visitor visa.

She remained after her authorized stay expired.

Years later, María married a U.S. citizen. The couple built a life together and began exploring the immigration process.

Then María receives a Notice to Appear.

She assumes that because she is married to an American citizen, the immigration court cannot order her removed.

This assumption could be dangerous.

Marriage to a U.S. citizen can create significant immigration opportunities, but it does not automatically terminate removal proceedings.

The lesson is simple: marriage to a U.S. citizen may provide an important path toward lawful permanent residence, but marriage alone does not automatically make an NTA disappear.

What If You Receive an NTA Because of a Criminal Case?

Immigration cases involving arrests, criminal charges, or convictions can be particularly complicated.

Criminal law and immigration law interact in ways that are not always obvious.

Something considered relatively minor under state criminal law may potentially have serious immigration consequences.

At the same time, not every arrest or conviction automatically means deportation.

The exact details matter.

This is why telling an immigration attorney, "It was only a misdemeanor," is not enough.

The attorney should review the actual criminal court records whenever possible.

NTA and Criminal Convictions: Why the Exact Record Matters

When a Notice to Appear is based on criminal history, one of the biggest mistakes an immigrant can make is assuming that the name commonly used for the offense tells the entire story.

Immigration law may analyze criminal convictions differently from state criminal law.

For example, DHS may allege that a conviction falls within a particular ground of removability. Whether that allegation is legally correct can depend on the statute of conviction, the elements of the offense, the record of conviction, immigration status, timing, and other factors.

Do not rely solely on memory when discussing an old criminal case.

A case that happened 10 or 20 years ago may still become relevant when DHS initiates removal proceedings.

Hypothetical Case Study: Green Card Holder With an Old Conviction

Consider a hypothetical lawful permanent resident named Carlos.

Carlos has had a green card for more than 20 years. He has worked in the United States, raised a family, paid taxes, and has U.S. citizen children.

More than a decade ago, Carlos was convicted of a criminal offense.

He completed probation and all other requirements imposed by the criminal court and has not been in trouble since.

Years later, Carlos receives an NTA alleging that his conviction makes him removable from the United States.

Carlos is shocked.

He believes: "I already completed my sentence. That case was over years ago."

From the criminal court's perspective, Carlos may have completed his sentence. But that does not necessarily mean the conviction cannot have immigration consequences.

An immigration attorney would need to determine whether DHS has correctly characterized the conviction and whether the conviction actually supports the ground of removability charged in the NTA.

The attorney would also investigate whether Carlos may qualify for any form of relief from removal.

The important lesson is that an old conviction should never be dismissed simply because the criminal sentence was completed.

At the same time, a person should not automatically assume that an old conviction guarantees deportation.

Criminal immigration cases require individualized legal analysis.

Family-Based Immigration and Removal Proceedings

Another complicated situation occurs when someone has a family-based immigration petition but is also placed in removal proceedings.

Many immigrants understandably believe that having a U.S. citizen spouse, child, parent, or other qualifying family member automatically prevents deportation.

Unfortunately, immigration law is more complicated.

For example, an approved Form I-130, Petition for Alien Relative, establishes a qualifying family relationship for immigration purposes, but approval of an I-130 does not automatically grant a green card.

It also does not automatically terminate removal proceedings.

An immigration attorney may need to determine whether the individual can pursue adjustment of status and whether USCIS or the immigration judge has jurisdiction over the relevant application.

The attorney may also need to evaluate possible grounds of inadmissibility and whether any waiver is available or required.

Hypothetical Case Study: Pending I-130 and Notice to Appear

Consider Luis, another hypothetical example.

Luis is married to a U.S. citizen.

His wife files an I-130 petition for him. While the family-based immigration process is underway, Luis receives an NTA.

Luis thinks: "My wife already petitioned for me, so immigration court isn't important anymore."

That could be a very serious mistake.

His immigration court case and family-based immigration process need to be evaluated together.

Luis must continue taking his immigration court case seriously unless and until the court proceedings are properly resolved.

A pending family petition does not give someone permission to ignore an NTA or immigration court hearing.

Can You Apply for a Green Card While in Removal Proceedings?

In certain circumstances, an individual in removal proceedings may potentially seek adjustment of status, but eligibility depends on the facts of the case.

There is no universal answer.

A person married to a U.S. citizen may be in a very different position depending on whether they entered the United States legally, entered without inspection, have prior removal orders, committed fraud or misrepresentation, have criminal history, or are subject to other grounds of inadmissibility.

This is why an NTA should be evaluated together with the person's entire immigration history, rather than as an isolated document.

Cancellation of Removal

Another form of relief that may be available to certain people in removal proceedings is cancellation of removal.

There are different requirements for lawful permanent residents and certain nonpermanent residents.

Cancellation of removal is not simply granted because someone has lived in the United States for many years.

For certain nonpermanent residents, the legal requirements can involve issues such as continuous physical presence, good moral character, disqualifying offenses, and demonstrating the legally required level of hardship to qualifying relatives.

The hardship requirement can be particularly important.

Having a U.S. citizen child, spouse, or parent does not automatically establish eligibility.

A strong case may require detailed evidence showing how removal would affect qualifying family members.

The goal is not simply to show that deportation would be difficult.

The evidence must address the specific legal standard applicable to the requested relief.

Hypothetical Case Study: Long-Term Resident With U.S. Citizen Children

Imagine Ana, a hypothetical immigrant who has lived in the United States for many years.

She has U.S. citizen children, including one child who has significant educational and medical needs.

Ana receives a Notice to Appear and assumes that having American children automatically prevents deportation.

It does not.

However, her attorney evaluates whether she could potentially qualify for cancellation of removal.

Instead of simply telling the immigration judge that her children need her, the legal team develops evidence.

They gather medical records, school documentation, financial information, evidence of Ana's residence and history in the United States, and information concerning what would happen to the qualifying relatives if Ana were removed.

This example illustrates an important difference between having sympathetic circumstances and proving a legal case.

Immigration court decisions depend on legal requirements and evidence.

What If the Notice to Appear Contains Incorrect Information?

Do not assume that information contained in an NTA is automatically correct simply because it appears on a government document.

If information appears incorrect, bring the issue to the attention of your immigration attorney.

EOIR advises respondents who believe there is an error in an NTA to raise the matter with the immigration judge.

How the issue should be handled depends on the nature and legal significance of the alleged error.

This is another reason an attorney should carefully review the NTA before pleadings are entered.

What If Your NTA Does Not Have a Court Date?

Some people receive a Notice to Appear that does not contain the date or time of their first immigration hearing.

Do not interpret a missing hearing date as permission to forget about the case.

A separate Notice of Hearing may subsequently provide scheduling information.

You should continue monitoring your case and carefully review any correspondence from immigration authorities.

You can also check EOIR's Automated Case Information system using your A-Number.

If you have an attorney, maintain communication with the attorney's office regarding court notices and deadlines.

What Happens If You Move After Receiving an NTA?

Moving is particularly important when you are in removal proceedings.

The immigration court needs accurate contact information.

Current EOIR instructions require respondents with pending immigration court or Board of Immigration Appeals matters to report changes to their address or contact information within five working days.

Depending on where the case is pending, the appropriate EOIR procedure must be followed.

For immigration court cases, this can involve Form EOIR-33/IC or EOIR's electronic Respondent Access system.

automatically updates your address with immigration court.

Keeping the immigration court informed of your correct address is essential because hearing notices and other important documents may be sent to the address associated with your case.

What Happens If You Miss Your Immigration Court Hearing?

Missing immigration court can have extremely serious consequences.

Under applicable circumstances, an immigration judge can issue an in absentia removal order, meaning a removal order is entered when the respondent does not appear.

If you have already missed a hearing, do not assume nothing can be done, but do not delay either.

The law provides specific rules governing when an in absentia removal order may potentially be challenged or rescinded.

Whether a motion may be available depends on the circumstances, including issues surrounding notice and the reason the individual failed to appear.

These cases can be highly technical.

Speak with an immigration attorney as quickly as possible.

Do You Have Rights in Immigration Court?

Yes.

Removal proceedings are civil immigration proceedings, not criminal prosecutions, but respondents have important procedural rights.

One phrase is especially important: "At no expense to the government."

Unlike many criminal proceedings, the federal government generally does not appoint and pay for an immigration attorney simply because someone cannot afford private counsel.

This makes obtaining qualified immigration representation as early as possible particularly important.

Do You Need a Deportation Defense Attorney After Receiving an NTA?

You have the right to represent yourself in immigration proceedings, but removal cases can involve complicated questions involving federal immigration statutes, regulations, administrative decisions, federal court decisions, evidence, procedural rules, deadlines, and sometimes criminal law.

Waiting until shortly before the final hearing can make preparation substantially more difficult.

Important Mistakes to Avoid After Receiving an NTA

Ignoring the Notice. Removal proceedings do not disappear simply because someone ignores the paperwork.

Missing Immigration Court. Never intentionally miss a hearing because you believe you have another immigration application pending.

Moving Without Updating Your Address. Failure to properly update your contact information can result in missing critical court correspondence.

Assuming Marriage Automatically Stops Deportation. Marriage to a U.S. citizen may create immigration opportunities, but it does not automatically terminate removal proceedings.

Assuming U.S. Citizen Children Prevent Deportation. Having U.S. citizen children can be highly relevant to certain immigration cases, but it is not automatic protection against removal.

Assuming a Pending I-130 Protects You. A family petition and an immigration court case are separate legal matters that may need to be coordinated.

Assuming an Old Criminal Conviction Does Not Matter. Some convictions can have immigration consequences years after the criminal case ended.

Making Admissions Without Understanding the Consequences. Statements and concessions made during immigration proceedings can have significant legal consequences.

Waiting Until the Last Minute to Hire an Immigration Attorney. Building a strong removal defense may require obtaining government records, criminal court documents, medical evidence, witness declarations, expert opinions, country-condition evidence, and other documentation. Preparation takes time.

Using a Notario or Unqualified Immigration Consultant. Be extremely cautious about receiving legal advice from someone who is not authorized to practice immigration law. Immigration court proceedings can determine whether a person is permitted to remain in the United States. This is not the time to rely on unqualified legal assistance.

Documents to Bring to an Immigration Attorney After Receiving an NTA

If you have received a Notice to Appear, gather as much of your immigration history as possible.

Do not worry if you do not have everything.

An immigration attorney can identify which documents are most important and may recommend obtaining additional records.

A Notice to Appear Is Serious, but It Is Not the Final Decision

The most important thing to understand about an NTA is this: a Notice to Appear is a charging document. It is not automatically a final order of deportation.

DHS is stating why it believes you may be removable from the United States.

Immigration court provides a legal process through which the allegations and charges can be addressed and, when legally available, applications for relief from removal can be presented.

The correct strategy depends on the individual.

An asylum seeker may need to build extensive evidence showing persecution and dangerous country conditions.

A lawful permanent resident with a criminal conviction may need a detailed analysis of the criminal statute and record of conviction.

A visa overstay married to a U.S. citizen may need to determine whether adjustment of status or another family-based immigration strategy is available.

A long-term undocumented resident with qualifying family members may need to investigate cancellation of removal or other relief.

There is no single defense that applies to every NTA.

Received a Notice to Appear in Los Angeles? Contact The Law Office of Todd Becraft

If you have received a Notice to Appear, immigration court hearing notice, ICE document, or other paperwork related to deportation or removal proceedings, do not wait until your immigration court date is approaching to understand your options.

The Law Office of Todd Becraft assists individuals and families with immigration matters, including deportation and removal defense, asylum, family-based immigration, adjustment of status, immigration court proceedings, and complex immigration cases.

If you have received an NTA or have been placed in removal proceedings, contact The Law Office of Todd Becraft to schedule a consultation and learn what immigration options may be available based on your individual circumstances.

Frequently Asked Questions About a Notice to Appear

Does receiving an NTA mean I am being deported?

Not automatically. An NTA contains the government's allegations and charges against you. It can begin removal proceedings once properly filed with immigration court, but the NTA itself does not necessarily determine the final outcome.

Can I fight a Notice to Appear?

Depending on your circumstances, you may be able to challenge the government's allegations or charges or apply for a form of relief from removal. Your options depend on your complete immigration and personal history.

Can I apply for asylum after receiving an NTA?

Potentially. Eligible individuals in removal proceedings may pursue defensive asylum before an immigration judge. Filing requirements and deadlines can be extremely important.

Can marriage to a U.S. citizen stop deportation?

Marriage to a U.S. citizen may create important immigration opportunities, but marriage does not automatically stop removal proceedings or guarantee a green card.

I have an approved I-130. Can I still be deported?

An approved I-130 establishes a qualifying family relationship but does not automatically provide lawful permanent resident status or terminate removal proceedings. Additional eligibility requirements must be evaluated.

Can I receive an NTA for overstaying my visa?

Yes. Remaining in the United States beyond an authorized period can potentially result in removal proceedings. However, an overstay does not necessarily mean that no other immigration relief is available.

What happens if my NTA involves a criminal conviction?

You should have the conviction reviewed by an immigration attorney familiar with the interaction between criminal and immigration law. The exact statute and criminal record can be extremely important.

What happens if I miss immigration court?

Missing a properly scheduled immigration hearing can have serious consequences, including a possible in absentia removal order. If you have already missed court, seek legal advice promptly.

What if the information on my NTA is wrong?

Do not ignore the error. An immigration attorney can review the allegations and determine how the incorrect information should be addressed in immigration court.

What if my NTA does not list a hearing date?

Continue monitoring your immigration court case. You may receive a separate Notice of Hearing containing the date, time, and location of your hearing.

What should I do first after receiving an NTA?

Keep all of your immigration documents, verify your immigration court information, make sure your address is current with EOIR, gather your immigration and criminal records, and obtain qualified legal advice as early as possible.

Received a Notice to Appear? Contact The Law Office of Todd Becraft Today

If you or a loved one has received a Notice to Appear (NTA), has an upcoming immigration court hearing, or is facing removal or deportation proceedings, do not wait until the last minute to understand your legal options.

Every immigration case is different. Depending on your circumstances, there may be defenses or forms of relief available involving asylum, cancellation of removal, adjustment of status, family-based immigration, waivers, or other immigration protections.

The Law Office of Todd Becraft has extensive experience helping immigrants and their families navigate the U.S. immigration system. If you have received an NTA or are worried about deportation, speak with an experienced immigration attorney about your case.

Call The Law Office of Todd Becraft today at 213-388-1821 to schedule a consultation.

Do not ignore a Notice to Appear. Know your rights, understand your options, and get experienced immigration legal help as early as possible.