Receiving a Notice to Appear (Form I-862) can be unsettling. It is a formal document from the government stating that removal proceedings have been initiated against you. While it does not mean immediate deportation, it does mean that your immigration status is in jeopardy, and time is limited. Understanding what happens next and taking swift action can make all the difference in protecting your future in the U.S.
What Is a Notice to Appear (Form I-862)
A Notice to Appear(“NTA”) is the document that starts formal removal (deportation) proceedings. It is more than a warning; it is a legal summons. The U.S. government is formally accusing you of violating immigration law, and now they want to present those allegations before an immigration judge.
The NTA requests:
- Your basic identifying information
- The immigration law you’re accused of violating
- A summary of the government’s allegations
- The location of the immigration court
There are many reasons why the Department of Homeland Security (“DHS”) may issue an NTA. We have seen clients served with NTAs for issues that range from minor technical violations to bureaucratic errors.
Some common reasons for the Notice include:
- Visa overstays: You entered lawfully but didn’t leave when your visa expired.
- Unlawful entry: You crossed the border without inspection.
- Change in status: You were previously protected under DACA, TPS, asylum, or another program, and that protection ended.
- Criminal charges or convictions: Even minor or old charges can trigger immigration proceedings, especially if they involve theft, drugs, or fraud.
- Missed appointments or interviews: Failing to appear for a court date, biometrics appointment, or immigration interview can result in an NTA.
- Denials of immigration applications: If your application for asylum, a green card, or other relief is denied, DHS may initiate removal proceedings.
While naturalized citizens are generally protected from removal, they can still receive a Notice to Appear in rare but serious cases—typically involving fraudulent naturalization or convictions for serious crimes like terrorism or violent offenses. We help clients facing naturalized citizen deportation as well.
What Happens After You Receive a Notice to Appear?
The first major step in your case will be the Master Calendar Hearing which is a short, introductory hearing before an immigration judge. During this hearing, the judge will:
- Confirm your identity and address.
- Read the charges against you as listed in the NTA.
- Ask if you admit or deny the charges.
- Inform you of your right to an attorney.
- Allow you to apply for relief, such as asylum or cancellation of removal.
While this hearing does not involve full argument presentation, it is a critical step in the process. Depending on the circumstances, the judge may schedule a future Individual Hearing, where you will have the opportunity to present evidence, witnesses, and legal arguments in support of your case.
Consequences of Ignoring an NTA
Too many people assume that if they do not attend their hearing, they can avoid the legal process altogether. However, failing to appear, regardless of the harmless-seeming infraction can result in serious consequences, such as:
- The judge issuing a removal order in your absence (known as an “in absentia” order)
- Being barred from reentering the U.S. for years
- Losing the opportunity to apply for immigration benefits in the future
- If caught later, you may be detained and deported quickly without a chance to fight your case
An NTA does not mean you are guilty. But you must respond, and the best way to do that is with qualified legal help. Unlike criminal court, immigration court does not provide a public defender, which means it is up to you to secure the right legal representation. And without a skilled immigration attorney on your side, the odds of winning your case are simply not as good.
Even if you believe the NTA was issued in error or that the allegations do not fully capture your situation, it is crucial to take the notice seriously. The government’s records might be incomplete or mistaken, and these discrepancies are exactly what an experienced attorney can help you address.
How to Respond to a Notice to Appear
Here are the steps you should take to ensure you are prepared for the next phase of your case:
1. Read the Notice Carefully
Take your time reviewing the NTA. Pay close attention to the allegations and make sure to note the date, time, and location of your first hearing if it is listed. If you do not understand the language or legal references, a qualified attorney can help you make sense of it.
2. Contact an Immigration Attorney Immediately
The immigration court process is technical, high-stakes, and often unforgiving. Time is not on your side in removal proceedings. The sooner you speak to an experienced immigration attorney at Odunlami Law, the more options we may have to work with.
3. Explore Relief Options
There are often ways to fight back against deportation. Depending on your history and circumstances, you may qualify for relief, such as:
- Cancellation of removal
- Adjustment of status (if you are eligible for a green card)
- Asylum or withholding of removal (if you fear returning to your home country)
- Other immigration benefits based on your situation
Our deportation defense lawyers will review your case in detail and explore all available options to help you stay in the U.S.
Begin Preparing Your Defense with Odunlami Law
If you have legal grounds to remain in the U.S., now is the time to gather documentation and build your case. This may involve:
- Collecting immigration records and identity documents
- Preparing applications for relief from removal
- Gathering witness statements or medical and family records
- Requesting your full immigration file (FOIA)]
Each case is different, and your attorney will guide you through what is necessary.
Keep Your Address and Contact Information Updated
If you move, you must notify both the court and the Department of Homeland Security. Use Form EOIR-33 to update your address. Failing to do so could result in missed notices and an unexpected removal order.
Attend All Hearings
Whether it is a brief master calendar hearing or a full individual hearing, you must appear in court every time. Showing up is essential to protect your ability to fight your case. Your attorney will appear with you and explain what to expect at each stage.
Why You Need a Deportation Defense Lawyer
Receiving a Notice to Appear (NTA) can be overwhelming, and it is a moment that demands immediate action. Immigration proceedings are complex, emotionally taxing, and often intimidating. Without experienced legal counsel, you may be putting your future—and your family’s future—at serious risk.
At Odunlami Law, our team understands the stakes and is well-versed in handling NTA cases and deportation defense. Our attorneys will:
- Help you understand your rights and the legal process.
- Explore all legal options available to prevent your removal from the U.S.
- Prepare and file necessary applications to protect your status.
- Challenge errors or inconsistencies in your NTA
- Determine if DHS has the burden of proof or if you do
- Represent you at every stage of court proceedings
- Assist in gathering evidence, crafting legal arguments, and preparing witnesses for your case.
A skilled immigration lawyer is your greatest asset in protecting your rights and securing stability. Our team is committed to supporting you every step of the way, providing clear, tireless advocacy and fighting for the best possible outcome.
Contact Odunlami Law Firm – Get Legal Help Today
If you or a loved one received a Notice to Appear immigration form, we can help. Ignoring the notice or delaying the process will only limit your options, but timely action gives us a chance to prepare a thoughtful defense on your behalf.
When you reach out to us, our experienced immigration attorneys will take the time to understand your story, examine the facts, and develop a plan to fight for your right to remain the U.S. Call us today or fill out our online form to schedule a confidential consultation. We assist clients in New Jersey and across the nation.
