Regardless of which camp you fall into, once you are an immigrant in the United States and you receive a Notice to Appear (NTA), you are in the thick of immigration. Despite the often paltry length of one or two pages at the very most this document is going to factor into your future in a major way. Below, we are going to deconstruct the NTA and examine its parts, showing you what pieces to plug in, and what to expect in return.
What Is a Notice to Appear NTA
This document formally charges the immigrant with violating immigration laws by the U.S. Government, thereby initiating removal proceedings against them. The NTA acts as a show cause order, requiring the immigrant to appear before an immigration judge who will hear the case and determine the immigrant’s ultimate fate. In other words, NTA is a plea-bargaining process, the purpose of which is to achieve the cheapest sentence and get it over with.
You send for the NTA themselves either personally, by mail to the last known address, or to an attorney if you happen to have one. Lastly, it has to be presented to the Immigration court which has jurisdiction to handle your removal hearings.
Similarly, by law, at least ten days must elapse between the service of the NTA and the first assigned court date. Nevertheless, you can relinquish this ten-day notice provision in circumstances where you have effectively served the NTA to you and are actually in the physical custody of the U. S. immigration authorities.
Reviewing Biographical Information on the Notice to Appear NTA
The NTA’s first section involves essential information that pertains to people like name(s), alias, A#, date of birth, and address. You should check this information for any typos or spelling mistakes. After purging this information, it’s necessary to review it to ensure no errors remain. If you have any mistakes, such as in your address, you might miss important information presented before the immigration court on future dates.
The nature of Proceedings Stated in the Notice to Appear NTA
The Notice to Appear (NTA) is a crucial document in U.S. immigration proceedings, marking the commencement of formal removal actions against an individual. The NTA specifically outlines the nature of the proceedings and typically includes three potential classifications related to the individual’s immigration status:
- Arriving Alien: This designation applies to individuals stopped at a U.S. border or port of entry who have not received admission into the country. This signifies that these individuals hold a unique legal position because they have not yet been formally admitted to the U.S. and are subject to specific removal procedures.
- Alien Present Without Admission or Parole: This category is relevant for those who entered the U.S. without passing through an immigration inspection, often referred to as “undocumented immigrants.” This classification indicates that the individual did not receive any formal admission or parole upon entry.
- Admitted but Removable: This classification applies to individuals who were previously granted lawful status in the U.S. (such as through a visa or green card) but are now subject to removal due to violations of their immigration status, such as overstaying their visa or committing certain offenses that render them deportable.
Factual Allegations Made in the Notice to Appear NTA
The NTA proceeds to list the factual allegations against you, which typically include:
- You do not meet the definition of a ‘‘United States person’’.
- You are a native and citizen of your home country to allows you to really & lead; and experience the culture as well.
- You arrived in the U.S. on this date and through this city with or without the permission of the Immigration and Naturalization Service and for this period.
- The general causative factors that may have led to the charging of your removability may be criminal conduct or convictions, overstaying, or lack of a valid visa.
These factual allegations provide the background to the charges alleged by the NTA as to removability in the next section of the NTA. It is in a Master Calendar hearing of the Immigration Court that you or your lawyer will need to accept or deny each of the following facts.
Charges of Removability Made in the Notice to Appear NTA
In the next section, the NTA details the charge(s) against you, including the charges of removability and the immigration laws you are accused of violating.
If you opt to contest these allegations, an immigration judge may set a Contested Merits Hearing in response. As shall be elaborated during this hearing, there are legal reasons why the claim that I am removable must be dismissed. The government attorney will try to offer the opposite opinion by claiming that all the charges inclusive of the NTA are correct.
When the judge grants a favorable verdict, all the removal proceedings will be halted. But if the judge does not concur with this then, one has to develop a defense to removal and then look for other avenues of immigration relief allowable by law.
If you admit to the allegations of removability, you must come to court with any defenses you intend to present, if you have any.
Date and Place of Removal Proceedings
The bottom portion of the NTA could indicate the date, time, and place of the first MC status conference. If these details are not provided, therefore, you will receive another Notice of Hearing from us. We must remember that date, as failing to appear could result in an in absentia removal order, which would eliminate all rights to seek relief from removal.
Steps to Take After Receiving an NTA
- Review the Document Thoroughly: Ensure all personal information is correct and understand the charges listed.
- Consult with an Immigration Attorney: It is advisable to seek legal assistance to navigate the complexities of immigration law and prepare a defense if necessary. An attorney can help clarify options for contesting removal or seeking relief.
- Prepare for Court: Gather any evidence or documentation that supports your case. If you plan to contest the allegations, be ready to present your defense during the hearings.
Legal Warnings and Certificate of Service
The NTA includes crucial legal warnings, including:
- You have the right to remain silent and the opportunity to hire an attorney to represent you in removal proceedings, but you will bear all the associated costs.
- Consequences for posting may include expulsion from school or an order of removal if the student skips a hearing and faces prosecution in absentia.
- It is important to provide your new address to the immigration court if you are in removal proceedings.
- The obligation placed on you to remove oneself or to go voluntarily if allowed to do so by the authorities.
The notice also contains a certificate of service, detailing how and when the U.S. government issued the NTA. If relevant, prepare evidence to challenge the validity of this certificate.
Seeking Legal Assistance in Removal Proceedings
To navigate removal proceedings effectively, it is advisable to consult with an experienced attorney. They can provide a comprehensive analysis of your case, suggest viable strategies to contest deportation, and represent you during immigration court proceedings.
In conclusion, understanding the intricacies of your Notice to Appear is pivotal when facing removal proceedings. It’s a critical step in ensuring that your rights are protected, and you have a clear path to address the charges brought against you. For personalized guidance and legal support, reach out to an immigration attorney who can help you navigate this challenging process.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your immigration process straightforward and successful. Whether you’re navigating a Notice to Appear (NTA) or applying for a Nonimmigrant Visa Holders or Asylum Seekers, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients navigate a Notice to Appear (NTA) and secure the visas/permits they need. Call us today at +234 812 5505 986 to learn how we can assist you.
