A Notice to Appear (NTA) is a formal charging document issued by the U.S. Department of Homeland Security (DHS) to begin removal (deportation) proceedings against a noncitizen. It notifies the recipient that the government believes they are removable from the United States and must appear before an immigration judge.

What the NTA Includes

The NTA contains several critical pieces of information:

  • The allegations against the person (such as entering without authorization, overstaying a visa, or committing a deportable offense)
  • The legal charges, referencing specific sections of the Immigration and Nationality Act (INA)
  • The requirement to appear in immigration court at a specified date and time (or a note that the date will be sent later)
  • Instructions about obligations and potential consequences of failing to appear

An NTA may be served in person or by mail. If you receive one, it means the government has initiated formal removal proceedings against you.

Why It Matters

  • An NTA places you in removal proceedings, even if you have a strong case for staying in the U.S.
  • Once issued, you must attend all court hearings and respond to the allegations and charges.
  • Failing to appear for a hearing can result in an automatic order of removal (deportation in your absence).

Common Scenarios That Lead to NTAs

  • Detention at the border or airport
  • Denial of asylum, adjustment of status, or other immigration benefits
  • Arrest by local law enforcement and referral to immigration authorities
  • Status violations or overstays discovered during immigration checks

What to Do If You Receive an NTA

  • Do not ignore it. The clock has started on your legal case.
  • Consult an immigration attorney or legal aid provider as soon as possible.
  • Begin collecting documents that support your case (such as proof of residency, family ties, or fear of return to your home country).
  • Keep track of all correspondence from the immigration court or DHS — missing a letter could lead to serious consequences.

Important Notes

  • The NTA is not a final order of deportation. It starts the legal process, where you can apply for relief, such as asylum, cancellation of removal, or adjustment of status.
  • If the NTA does not include a court date, you must still check regularly with the EOIR automated case system or online portal to find out when your hearing is scheduled.

Need help understanding your NTA or responding to it? Visit our Legal Aid Directory to find free or low-cost help near you.

— views

Updated: