What Is a Notice to Appear (NTA) and What Should You Do If You Get One?
- Jun 23
- 5 min read
If you or someone in your family has received a document from U.S. Immigration and Customs Enforcement (ICE) or U.S. Citizenship and Immigration Services (USCIS) titled "Notice to Appear," treat it as an emergency. A Notice to Appear, commonly called an NTA, is the formal document that initiates removal proceedings against you in immigration court. It is the government's first official step toward deporting you from the United States. What you do in the days and weeks immediately after receiving an NTA will have a significant impact on the outcome of your case.
What Is a Notice to Appear?
A Notice to Appear is a charging document issued by the Department of Homeland Security. It lists the factual allegations the government is making against you, for example that you entered the United States without authorization, overstayed a visa, or were convicted of a specific crime, and identifies the legal grounds under which the government claims you are removable from the United States.
The NTA is filed with the immigration court, which formally opens your case and triggers the removal proceedings process. Once that happens, you are assigned a case number and an immigration judge is assigned to your case. You will receive notices for hearings that you are legally required to attend.
What Information Is in an NTA?
A standard Notice to Appear contains:
Your name, date of birth, and country of birth
Your last known address
The factual allegations the government is asserting against you
The legal charges, meaning the specific sections of immigration law under which you are alleged to be removable
A statement of your rights in proceedings, including the right to be represented by an attorney at your own expense
Sometimes a date and time for your first hearing, and sometimes a directive to appear at a later date to receive that information
It is important to read every line of your NTA carefully and bring it to an attorney. The factual allegations listed in the NTA can sometimes be contested, and how the charges are framed affects what defenses and forms of relief are available to you.
How Do People Receive an NTA?
NTAs are issued in a variety of circumstances. Understanding how you received yours gives your attorney important context about your case.
After an Arrest or Detention by ICE
ICE issues NTAs routinely following arrests during enforcement operations, including workplace raids, traffic stop encounters, or targeted arrests based on prior removal orders or criminal history. If you were detained by ICE and then released, you likely received an NTA at the time of your release or will receive one by mail.
After a Criminal Conviction
When a non-citizen is convicted of a crime that triggers deportability under immigration law, such as certain drug offenses, crimes involving moral turpitude, aggravated felonies, or domestic violence, the criminal court or ICE may issue an NTA after the sentence is served or even while the criminal case is pending.
After Applying for a Benefit and Being Denied
When someone applies for an immigration benefit such as adjustment of status, naturalization, or a visa renewal and is denied, USCIS sometimes refers the case to immigration court and issues an NTA. This is especially common when the denial reveals that the applicant has an immigration violation or a disqualifying criminal history.
After a Prior Removal Order Is Discovered
If you had a prior removal order issued in absentia, meaning while you were not present in court, and immigration authorities discover that you are still in the United States, they may issue a new NTA or attempt to reinstate the prior removal order. This is one of the most urgent situations in immigration law and requires immediate legal attention.
What Happens After an NTA Is Filed?
Once the NTA is filed with the immigration court, the formal removal proceedings process begins. This process generally unfolds in stages.
Master Calendar Hearing
The first hearing in immigration court is called a Master Calendar Hearing. This is a short, procedural hearing, typically lasting only a few minutes, during which the judge confirms your identity, reviews the NTA, and asks whether you admit or deny the factual allegations and charges. Your attorney can enter pleadings on your behalf and request additional time to prepare your defense. The judge will also determine whether you are seeking any form of relief from removal and set a schedule for future proceedings.
This is why it is critical to have an attorney before your first hearing. The decisions made at the Master Calendar Hearing, including how you respond to the allegations and what forms of relief you intend to pursue, shape the entire course of your case.
Individual Merits Hearing
After the preliminary hearings, the judge schedules an Individual Merits Hearing, sometimes called a full hearing, at which your case is actually decided. This is essentially a trial in immigration court. You present evidence and testimony supporting your eligibility for relief from removal, and the government attorney presents the case for removal. The judge evaluates both sides and issues a decision.
The timeline from NTA to Individual Merits Hearing can range from several months to several years, depending on the immigration court's docket. Courts in Atlanta and Charlotte, which handle many Alabama cases, have historically had significant backlogs.
What You Should Not Do After Receiving an NTA
Several common mistakes can seriously damage your case or eliminate your legal options:
Missing a hearing. If you fail to appear for a scheduled immigration court hearing, the judge can order your removal in absentia, without you present. These orders are extremely difficult to reopen and can result in permanent bars to returning to the United States. If you have received an NTA and have a hearing date, that date is non-negotiable.
Ignoring the NTA. Some people hope that if they do not respond to the NTA, nothing will happen. Failure to respond and appear in court results in exactly the outcome you are hoping to avoid: a removal order.
Talking to ICE or government attorneys without your own attorney present. Anything you say can be used against you in immigration proceedings. You have the right to remain silent and the right to speak with an attorney before answering any questions.
Assuming you have no options. Many people look at an NTA and assume deportation is inevitable. In reality, depending on your history, family ties, immigration history, and the specific charges in your NTA, there may be multiple forms of relief available to you.
What to Do Right Now
If you have received a Notice to Appear, here is what to do immediately:
Read the entire document and note any hearing dates. If a date is listed, put it on your calendar and do not miss it under any circumstances.
Keep the document safe. The NTA is the foundation of your case. Your attorney will need it.
Gather your immigration documents. Any prior visas, work permits, green cards, approval notices, or denial letters are relevant.
Call an immigration attorney today. Not next week. Today. The earlier in the process you have legal representation, the more options are available to you.
At La Raza Legal, we represent individuals and families across North Alabama who are facing removal proceedings. We will give you an honest assessment of your options and fight for every avenue of relief available. Call us today at 256.272.1221 or contact us to schedule a consultation in English or Spanish. In these cases, time is not on your side.
