A notice to appear can feel frightening because it means the federal government has started removal (deportation) proceedings against you. It starts the removal or deportation process by requiring you to appear in immigration court. An NTA does not mean the court will automatically order removal, but it does trigger deadlines and responsibilities that can affect your ability to remain in the U.S.
At EMP Law, we represent individuals across North Carolina who face immigration court and other high-stakes legal challenges. Our firm focuses on standing up for people confronting powerful government agencies. With experience in immigration law and a history of determined advocacy, we help clients understand what is happening, what options may exist, and how to move forward with a clear plan.
Call our office at (336) 724-2828 or send us an online message today to get started.
What Is a Notice to Appear (NTA)?
The Department of Homeland Security (DHS), the federal agency responsible for immigration enforcement, provides noncitizens with a document called a Notice to Appear (NTA). The NTA identifies how the government believes you violated U.S. immigration law and why they believe your immigration law violations mean they can deport you.
When and Why the Government Issues an NTA
The government issues a notice to appear immigration document when it concludes someone has violated immigration law. Common violations of the law include:
- Overstaying a visa past its expiration date,
- Entering the country without permission,
- Getting arrested or convicted of a crime, or
- Contact with immigration officials at a border or checkpoint.
Knowing what the government is saying you did in violation of U.S. law is the first step to building an NTA response.
What a Notice to Appear Says
An NTA outlines what the government is saying you have done and what will happen next in the removal process. It usually lists:
- Personal information, such as your name, address, and country of citizenship;
- The government’s version of events, including how it believes you entered the U.S. and your current status;
- The specific immigration laws the government claims you violated; and
- Which immigration court will hear your case, and whether the court has scheduled a hearing or will send a follow-up notice.
These allegations and charges do not equal a finding of guilt. You can admit, deny, or challenge them during immigration court proceedings.
How to Respond to a Notice to Appear
People often wonder how to respond to a notice to appear. After receiving a notice, you should:
- Confirm your mailing address to ensure you receive every document the government sends;
- Note all deadlines and court dates, even when the NTA does not list a hearing yet; and
- Consult an immigration lawyer.
You and your lawyer will work together to determine how your story fits with immigration law. Your lawyer will then put everything into written legal documents.
The Role of an Immigration Lawyer
We encourage anyone who receives an NTA to contact an immigration lawyer as soon as possible. The role of an immigration lawyer is to guide you through the process, helping you to understand what the law says and explaining how the law applies to your life. We can review your NTA, explain its meaning, and outline your options for moving forward.
Building a Defense with Your Lawyer
When you work with a lawyer to build a removal defense, you create a legal strategy trying to explain why the law allows or should allow you to stay in the U.S. A removal defense may include:
- Challenging the government’s claims, explaining how what they say you have done is inaccurate;
- Requesting relief from removal, including asylum for people who fear harm or cancellation of removal for certain long-term residents;
- Seeking adjustment of status, which allows eligible individuals to apply for lawful permanent residence; and
- Requesting prosecutorial discretion when the government agrees to pause or dismiss a case for humanitarian or practical reasons.
Each option requires specific evidence and careful preparation, making early legal guidance especially important.
Immigration court cases move forward on strict schedules, and failing to meet a deadline or attend a hearing can have serious consequences. An immigration lawyer can help you stay on top of deadlines, prepare for hearings, attend hearings with you, and guide you through the hearing process.
Talk with EMP Law About Your NTA
If you receive an NTA, you do not have to face immigration court alone. At EMP Law, we represent individuals across North Carolina in immigration proceedings and other matters involving government agencies.
We invite you to contact EMP Law to discuss your situation, understand your options, and begin preparing a response to your NTA.
Helen believes in providing caring, thoughtful and thorough representation for each and every person.
In particular, Helen focuses on helping individuals navigate the maze of rules, procedures and processes created by the United States Citizenship and Immigration Services and those facing criminal charges or deportation.
She represents clients facing criminal charges in both state and federal court. She is a member of the Criminal Justice Act panel of attorneys in the Middle District of North Carolina, and is admitted to practice before the Eastern, Middle and Western District Federal Courts as well as the Fourth and Eleventh Circuit Courts of Appeal.
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