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 means the immigrant is formally charged with violating immigration laws by the US Government, thus commencement of removal proceedings by the US Government against the immigrant. The NTA simply means a show cause order if an immigrant is charged with immigration violations 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. They should however check this information for any typos, or spelling mistakes Having purged this information, it is necessary to check it to ensure that no spelling mistake or typo has been made. It is quite possible that if there are any mistakes today, such as in your address, then you may miss important information that has been presented before the immigration court on future dates.
The nature of Proceedings Stated in the Notice to Appear NTA
Directly beneath your address, the NTA presents three distinct statements, with only one of them marked:
You are an arriving alien:
This designation applies if you were arrested at the border or port of entry and have never been granted to enter the United States.
You are an alien present in the U. S., who has not been admitted or paroled:
Usually, this category is selected if one arrives in the U. S. without passing through an immigration inspection, or through a border officer.
You have been admitted to the U. S., but are removable for the reasons stated below:
This statement applies to individuals who were legally allowed to be in the U. S. at some point in their lives, likely having been granted a visa to the country or a green card but they are currently undocumented. This status is usually attributable to the violation of visa terms and conditions by living in the country beyond the period permitted for a nonimmigrant visa or being convicted of an offense making one deportable.
Although each box refers to the same account, the rights and consequences that each category entails are different, which makes it imperative that the right check box is checked every time. The problem with this is that if the wrong box is checked, you will be required to make certain submissions to the court to reverse this categorization.
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
The NTA continues in the next section to provide you with details of the charge(s) leveled against you; charge(s) of removability and the immigration laws you are accused of having violated. These are charges that under the law can lead to deportation from the United States.
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, then under stipulations of the regulation you are required to come to the court with any defenses you intend to advance, if 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 should not forget that particular date, because failing to show up on that particular date could lead to an absentia removal order where all rights to ask for relief from removal are abridged.
Legal Warnings and Certificate of Service
The NTA includes crucial legal warnings, including:
- Your right to remain silent: You’re being afforded a chance to be represented by counsel (an attorney) in removal proceedings, and you are bearing all the cost thereof.
- Posting consequences may include expulsion from school or an order of removal if the student skips a hearing and is prosecuted 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.
