What is a Notice to Appear (NTA) and what should I do?

What is a Notice to Appear (NTA)?

A Notice to Appear (Form I-862) is the charging document the Department of Homeland Security uses to start removal proceedings. It lists factual allegations about you and the charges, meaning the legal reasons DHS says you should be removed. Proceedings begin when DHS files it with the immigration court (INA § 239; 8 C.F.R. § 1239.1).

What should I do when I get a Notice to Appear?

The Notice to Appear (NTA) is the document that opens your case in immigration court; it is not a removal order. Confirm the date, time and location of your hearing through the EOIR system (1-800-898-7180), because many NTAs are issued incomplete. And do not miss it: if you fail to appear, the judge can order you removed in absentia.

What the Notice to Appear is

The Notice to Appear (Form I-862, often called the "NTA") is the charging document the Department of Homeland Security uses to start removal proceedings. It is issued by ICE, CBP or USCIS and filed with the immigration court (EOIR), which sits inside the Department of Justice.

The NTA states:

• Your A-Number, the alien registration number beginning with "A".
• The charges: the legal grounds the government says make you removable.
• The factual allegations (date of entry, nationality, any convictions).
• In principle, the date, time and place of your first hearing — though many NTAs say "to be determined".

Receiving it is not a removal order. It is the start of a process in which you have the right to defend yourself.

Step 1: keep the document and note the date you received it

The delivery date matters legally. Keep the envelope, the original document and anything else handed to you (a Form I-213, a hearing notice). Make copies.

Step 2: confirm your hearing with EOIR

Do not rely on the paper alone. Call 1-800-898-7180 or use acis.eoir.justice.gov with your A-Number. You will see whether the case has been filed, which court has it and the next date.

If your case does not appear yet, check weekly. NTAs are sometimes filed months after they are served. For typical timelines, see how long an immigration court case takes.

Step 3: never miss a hearing

If you do not appear and the government shows you were properly served, the judge can enter an in absentia removal order that same day, without hearing your defense. Reopening such an order is possible in limited circumstances — lack of notice, exceptional circumstances, being in custody — but it is difficult and the deadlines are short.

Arrive early, with ID and all your documents.

Step 4: keep your address current

The court mails hearing notices to the address on file. If you move, file Form EOIR-33/IC with the court within 5 days. If you do not and a notice goes to the old address, the law generally treats you as having been notified.

Step 5: find a lawyer before the first hearing

You have the right to counsel at your own expense. At the master calendar hearing the judge will ask whether you have a lawyer and will usually grant time to find one. Ask for it if you need it. If you have an asylum application pending, a continuance you request can delay your work permit while asylum is pending. The court will also give you a list of free or low-cost providers.

Avoid anyone offering to "fix" your case who is not a licensed attorney or a DOJ-accredited representative.

What your lawyer will check in the NTA

• Whether the charges and factual allegations are accurate.
• Whether the NTA included the hearing date and time, which affects the stop-time rule for cancellation of removal.
• Whether you qualify for any relief: cancellation, asylum, withholding or CAT, adjustment of status, or voluntary departure.

Frequently asked questions

What is an NTA in immigration?

An NTA, or Notice to Appear (Form I-862), is the document DHS uses to start removal proceedings against you in immigration court. It lists the allegations and charges against you, and the case begins when DHS files it with the court.

Does a Notice to Appear mean I am being deported?

No. The NTA only starts a case in immigration court. You will have one or more hearings before a judge and can present defenses before any decision is made.

What if my NTA has no date or time?

That is common. The court mails a hearing notice later. This is why your address must be current and why you should check your case in the EOIR system.

Can I ask for more time to find a lawyer?

Yes. At the first hearing you can ask the judge for a continuance to find counsel. It is usually granted once.