Receiving a Notice to Appear in immigration court is frightening, but it doesn’t automatically mean you will be removed. What comes next depends on your immigration history, current immigration status, and the facts of your case. There are relief options that may be available to you, and talking to a removal defense lawyer can help you understand your next steps. Learn what options may be available and what to expect as your case moves forward.
What Is a Notice to Appear in Immigration Court?
A Notice to Appear (Form I-862) is the charging document DHS files with the immigration court to begin removal proceedings. It lists factual allegations about you and the legal charges explaining why DHS believes you are removable.
Your NTA may include the date and time of your first hearing. If not, the immigration court will send a separate Notice of Hearing.
What Should You Do After Receiving a Notice to Appear?
While it can be difficult to stay calm after receiving a Notice to Appear in immigration court, you should read the NTA carefully to understand the allegations and removal charges against you.
Next, you should gather prior immigration applications, notices, criminal records, medical records, and other documents that could affect your case.
Take note of your scheduled hearing and do not miss it. Missing an immigration court hearing may lead to an order of removal being entered in your absence.
What Removal Defense Options May Be Available?
If DHS alleges that you are removable, you may have removal defense options that apply to your case. There’s no one form of relief that works for everyone; the right strategy depends on why the Department of Homeland Security believes you are removable and which defenses, forms of relief, and protections are available to you under immigration law.
Relief options that may be available include:
- Challenging removability: Your removal defense lawyer may challenge whether DHS can prove the allegations or legal basis for removal in your Notice to Appear. If they can dispute the allegations or legal basis, this may protect you from removal. Because admissions and denials in immigration court can affect your case, it is important to review the charges carefully before responding.
- Cancellation of removal: Cancellation of removal is only available to certain qualifying lawful permanent residents and nonpermanent residents. There are distinct requirements for each group, and applicants must also show that they deserve cancellation of removal as a matter of discretion.
- Asylum and other humanitarian protections: If you fear returning to your country due to persecution, you may be able to seek asylum in the United States. Other options may include protection under the Convention Against Torture, which an immigration judge can grant in removal proceedings, as well as VAWA self-petitions and U visa or T visa pathways, which USCIS adjudicates.
- Adjustment of status: Some people in removal proceedings may be eligible to pursue lawful permanent residence based on a qualifying immigration pathway. Eligibility may depend on manner of entry, immigration history, family relationships, and admissibility.
- Waivers: Certain waivers may be available, depending on your grounds of removability and circumstances. A waiver for a specific issue doesn’t necessarily address all of the charges or allegations against you, but it may open up more defense options for you.
How to Stop Removal Proceedings
There is no single form or filing that automatically stops removal proceedings. A removal defense attorney can assess whether to challenge DHS’s charges, seek relief or protection, or pursue another option available in your case.
What May Happen During Removal Proceedings
The process may start with a master calendar hearing, during which the immigration judge addresses preliminary matters, like the allegations and charges against you. If contested issues or relief applications require a hearing, the court may schedule an individual hearing. The individual hearing is when the parties may present evidence and witnesses on contested removal issues or applications for relief.
The immigration judge ultimately issues a decision. They may order your removal, grant an application for relief or protection, or terminate or otherwise resolve the proceedings.
Understand Removal Defense Options and What May Come Next
Receiving a Notice to Appear can leave you unsure about what happens next, but understanding the charges against you and the forms of relief that may be available can help you make informed decisions about your case. A removal defense attorney can review your immigration history, explain your options, and help you prepare for the proceedings ahead.
Laura Leon Law represents people facing removal proceedings. Request a consultation to discuss your case and the options that may be available to you.
