Receiving a Notice to Appear can be both confusing and frightening. This document is a person’s official notice that the U.S. government has initiated removal proceedings against them. The Notice to Appear formally places a person into immigration court and the actions taken after receiving it can have a major impact on the outcome of the case. Immigration law is highly technical, deadlines are strict, and even small mistakes, such as missing a hearing or misunderstanding the charges, can lead to deportation. For these reasons, it is essential to treat a Notice to Appear with urgency and seek help from an experienced immigration attorney as soon as possible.to understand your legal options.
What is a Notice to Appear?
A Notice to Appear, often referred to as an NTA, is the document that is sent to immigrants when the U.S. government officially begins removal proceedings against the. The Department of Homeland Security issues it when the government believes a noncitizen may be deported from the United States. The NTA includes vital information such as identifying details, a list of factual allegations against the individual, and the specific immigration laws the government claims were violated. People can receive an NTA for many reasons, including entering the country without inspection, overstaying a visa, violating the terms of a visa, or as a result of certain arrests or criminal convictions. In some cases, Green Card holders or lawful permanent residents may be placed in removal proceedings.
After the NTA is issued, the case moves forward in immigration court. If the individual is detained, an immigration judge may first hold a bond hearing to decide whether release is possible. Most cases then proceed to a master calendar hearing, which is a brief court appearance where the judge explains the charges, advises the person of their rights, and schedules future hearings. It is important to take these steps seriously as it will determine whether or not the person is deported.
What Should You Do After Receiving a Notice to Appear?
If you receive a Notice to Appear, the most crucial step is to carefully review the document and take it seriously. Do not ignore it or assume it will resolve itself. Missing a scheduled court date can result in an automatic removal order so it is important to attend every scheduled hearing. It is strongly recommended to immediately consult with an experienced immigration attorney as soon as possible. An attorney can review what the notice alleges, explain the charges, and determine what defenses or forms of relief may be available for you.
Options Available After Receiving a Notice to Appear
The final stage of removal proceedings is the individual, or merits, hearing. At this hearing, a person may present evidence, call witnesses, and argue why they should be allowed to remain in the United States. The immigration judge then decides whether relief is granted, or whether a removal order is issued.
If a judge orders deportation, however, there still may be legal options available to fight removal. However, it is crucial to act quickly. The first option is that individuals have the right to appeal the decision to the Board of Immigration Appeal. Other possibilities may include filing a motion to reopen or reconsider the case, or applying for relief such as cancellation of removal, asylum, withholding of removal, or filing for protection under humanitarian relief options, such as the Convention Against Torture. It is imperative to work with an immigration attorney to understand your situation and get help with the most appropriate strategy to help protect your future in the United States.
Contact Aspire Immigration for Help with Notice to Appear
If you or a loved one has received a Notice to Appear, time is critical. Removal proceedings can move quickly, and delaying action can limit your legal options. At Aspire Immigration, based in Dallas, Texas, an experienced immigration attorney can review your Notice to Appear, explain the charges against you, and help you determine the best strategy for your case.
Do not face immigration court alone. Legal representation can make a meaningful difference in protecting your rights and pursuing relief that may allow you to remain in the country legally. Contact us today to schedule a confidential consultation and take the first step toward safeguarding your future in the U.S.
