What to Do After Receiving a Notice to Appear in Immigration Court

Getting a Notice to Appear (NTA) in the mail or handed to you by an immigration officer is one of the most stressful experiences a person can face. Your heart races, your mind floods with questions, and the legal language on the form makes everything feel more confusing. But here is what you need to know right now: receiving an NTA does not mean you will be deported. It means the government has started a legal process—and you have the right to fight back.

This guide walks you through exactly what to do after receiving a Notice to Appear, step by step. The decisions you make in the next few days and weeks can determine the outcome of your entire case.

What Is a Notice to Appear (Form I-862)?

A Notice to Appear is a formal charging document issued by the Department of Homeland Security (DHS). Think of it as the government's version of a complaint in a lawsuit—except this lawsuit is about whether you can stay in the United States.

The NTA is filed with the immigration court, and once a judge receives it, your removal proceedings officially begin. The document contains several critical pieces of information:

• Your personal information — name, date of birth, country of citizenship
• Factual allegations — what the government claims about you (e.g., you entered without inspection, overstayed a visa, or committed a specific violation)
• Charges of removability — the specific sections of immigration law the government says you violated
• Date and time of your hearing — though many NTAs now say "to be set," meaning you will receive a separate hearing notice later
• Your rights — including the right to an attorney (at no expense to the government) and the right to present evidence

Step 1: Do Not Panic—But Act Fast

Receiving an NTA is serious, but it is not a deportation order. It is the beginning of a process where you have rights. Thousands of people successfully defend against removal every year. The key is acting quickly and making smart decisions from day one.

What to do immediately:

• Read the entire NTA carefully
• Make copies of the NTA and store them in a safe place
• Write down the date, time, and location of your hearing (if listed)
• Do not sign any documents from ICE or DHS without consulting an attorney
• Do not discuss your case with immigration officers beyond basic identification

Step 2: Hire an Immigration Attorney

This is the single most important step you can take. Immigration court is an adversarial system. On the other side of the courtroom sits a trained government trial attorney whose job is to get you deported. You need someone equally skilled on your side.

Studies consistently show that having legal representation dramatically improves outcomes in immigration court. According to data from the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, represented respondents win their cases at significantly higher rates than those who appear alone.

What to look for in an attorney:

• Experience specifically in removal defense (not just family petitions or business visas)
• Familiarity with your local immigration court and judges
• A track record of successful outcomes in cases similar to yours
• Clear communication about your options, costs, and timeline

Step 3: Understand Your Hearing Schedule

If your NTA includes a hearing date, mark it on your calendar immediately. If it says "to be set," you will receive a separate notice from the Executive Office for Immigration Review (EOIR) with your hearing date, time, and location.

How to check your hearing date:

• EOIR Automated Hotline: Call 1-800-898-7180 (available in English and Spanish). You will need your Alien Registration Number (A-Number), which is on your NTA.
• Online: Visit the EOIR portal to check your case status

Step 4: Know the Types of Hearings

Master Calendar Hearing

Your first court appearance is called a master calendar hearing. This is a relatively short hearing—sometimes only 10 to 15 minutes—where dozens of cases may be scheduled on the same day. During this hearing, the judge will:

1. Confirm your identity and address
2. Explain your rights, including the right to an attorney
3. Ask whether you admit or deny the factual allegations in the NTA
4. Ask whether you concede or contest the charges of removability
5. Identify what forms of relief from removal you may pursue
6. Schedule your next hearing (individual merits hearing)

If you do not yet have an attorney, the judge will typically grant you a continuance (postponement) to find one. Judges usually grant one or two continuances for this purpose, but do not rely on unlimited delays—find representation as soon as possible.

Individual Merits Hearing

This is the main event. At your individual hearing, you (through your attorney) present your case for why you should be allowed to stay in the United States. This hearing involves:

• Testimony from you and any witnesses
• Submission of evidence (documents, country conditions reports, expert declarations)
• Cross-examination by the government attorney
• Legal arguments from both sides
• A decision from the judge (sometimes issued the same day, sometimes reserved)

Step 5: Identify Your Options for Relief

Just because the government has charged you with removability does not mean you have no options. Depending on your circumstances, you may be eligible for one or more forms of relief:

• Asylum — if you have been persecuted or fear persecution based on race, religion, nationality, political opinion, or membership in a particular social group
• Withholding of Removal — similar to asylum but with a higher burden of proof and fewer benefits; cannot be barred by the one-year filing deadline
• Convention Against Torture (CAT) Protection — if you would more likely than not be tortured by or with the acquiescence of the government in your home country
• Cancellation of Removal — for lawful permanent residents (10 years of continuous presence) or non-permanent residents who can show exceptional hardship to a qualifying U.S. citizen or permanent resident relative
• Adjustment of Status — if you are eligible for a green card through a family or employment petition
• Voluntary Departure — if you agree to leave the country at your own expense, avoiding a formal removal order (which carries a 5- to 20-year bar on reentry)
• Prosecutorial Discretion — in some cases, ICE may agree to terminate proceedings if you are a low enforcement priority

Step 6: Gather Your Evidence Early

The strongest cases are built well before the hearing date. Start collecting evidence as soon as possible:

• Personal documents: passport, birth certificate, marriage certificate, children's birth certificates
• Immigration history: any prior applications, approvals, or correspondence with USCIS or ICE
• Evidence of ties to the U.S.: tax returns, employment records, lease agreements, school records, community involvement
• Country conditions evidence: State Department reports, news articles, human rights documentation (for asylum and CAT claims)
• Character references: letters from employers, community members, religious leaders, teachers
• Medical or psychological evaluations: if you have suffered trauma, persecution, or have health conditions relevant to your case

Common Mistakes That Can Hurt Your Case

Immigration court is unforgiving. Small mistakes can have permanent consequences. Avoid these common pitfalls:

1. Missing your hearing date — results in an automatic removal order
2. Filing applications late — asylum must generally be filed within one year of arrival (with limited exceptions)
3. Providing inconsistent information — the government will use any inconsistencies between your NTA, applications, interviews, and testimony to attack your credibility
4. Representing yourself — immigration law is among the most complex areas of U.S. law, and judges are not allowed to give you legal advice from the bench
5. Ignoring the NTA — some people believe that if they ignore the NTA, the case will go away. It will not. The government will proceed without you.
6. Talking to ICE without an attorney — anything you say can be used against you in court

What If You Already Missed a Hearing?

If you were ordered removed in absentia because you missed a hearing, all is not lost—but you need to act quickly. You may be able to file a motion to reopen your case if you can show:

• You did not receive proper notice of the hearing
• You had exceptional circumstances that prevented your attendance (serious illness, death in family, etc.)
• The NTA was defective (no date/time listed, wrong address, etc.)

There are strict deadlines for filing motions to reopen. For lack of notice, you can file at any time. For exceptional circumstances, you generally must file within 180 days of the order. Consult an attorney immediately.

Get Legal Help Now

If you or a family member has received a Notice to Appear, the clock is ticking. The sooner you get experienced legal representation, the better your chances of staying in the United States.

At Modern Law Group, we handle:

• Deportation and removal defense — fighting to keep you in the country
• Asylum cases — protection for those fleeing persecution
• Immigration bond hearings — getting you out of detention
• Habeas corpus petitions — challenging unlawful detention in federal court
• Motions to reopen — reversing in absentia removal orders

With over 10,000 successful cases and a 99%+ approval rate, our attorneys have the experience and track record to fight for your rights.