You Received a Notice to Appear (NTA): What to Do Before Immigration Court

Getting a Notice to Appear (NTA) is frightening. It is the document the government uses to start a deportation case against you before an immigration judge. But an NTA is not a deportation order: it is the start of a process in which you have the right to defend yourself and ask to stay in the United States. What you do in the first few weeks matters a great deal.

What the NTA says

The NTA (Form I-862) has three parts you should review:

• Your information and your A-Number. The alien registration number starts with the letter A and has eight or nine digits. You will need it for everything.
• The allegations and charges. What the government says about you (where you are from, how and when you entered) and the legal reason it is asking to remove you. They sometimes contain mistakes, and those mistakes can matter.
• The date, time and place of the hearing. Sometimes they are on the NTA; other times it says you will be notified later by mail.

What to do starting today

1. Check your hearing. With your A-Number you can check the immigration court's (EOIR) automated system at acis.eoir.justice.gov or by calling 1-800-898-7180. If your case doesn't show up yet, keep checking every week: dates change and the notice doesn't always arrive.
2. Keep your address current. If you move, you must tell the court within 5 working days using Form EOIR-33/IC and send a copy to the government's attorney. If the court mails a notice to an old address and you miss the hearing, that is not an excuse.
3. Don't miss any hearing. If you don't appear, the judge can order you removed in your absence, without hearing your case. Reopening an order like that is difficult and only possible in limited situations.
4. Gather your documents. Passport, the NTA and every paper immigration has given you, proof of how long you have been in the country, birth and marriage certificates for your family members, and any police or court record, even if it is old or was dismissed.
5. Talk to an immigration lawyer as soon as you can. In immigration court you have the right to a lawyer, but the government does not give you one for free. Stay away from "notarios" and consultants: they can't represent you before the judge.
6. Don't sign anything you don't understand, especially documents that accept voluntary departure or give up your rights.

What the hearings are like

• Master calendar hearing. It is short, and many people are usually scheduled the same day. The judge confirms your information, you respond to the allegations and charges in the NTA, and you tell the judge what defense or relief you will apply for. The judge sets deadlines for filing the applications.
• Individual (merits) hearing. This is your trial. You testify, present evidence and witnesses, and the government's attorney questions you. At the end the judge decides.

What defenses may exist

It depends on your history. Among the most common:

• asylum, if you fear returning to your country (as a general rule it must be requested within one year of arriving, with exceptions; see our guide what is defensive asylum);
• cancellation of removal, for certain people with many years in the country and citizen or resident family members;
• a green card through a family member;
• protections for victims, such as VAWA or the U visa;
• voluntary departure, as a last option.

Many of these applications have strict deadlines. Waiting until the eve of the hearing can close doors.

How we can help

We represent people before the Orlando Immigration Court, which hears cases from Central Florida, Tampa Bay and North Florida. Immigration court defense: $4,500. The first 15-minute phone call is free; have your NTA and A-Number handy.

Frequently asked questions