Blog

• May 10, 2026
• Javier Morales
• Immigration Law

What to Do If You Receive a Notice to Appear

A step-by-step guide to understanding removal proceedings and protecting your rights

Few things in the immigration process are more alarming than receiving a Notice to Appear. For most people, it arrives without warning, a formal government document stating that the Department of Homeland Security is seeking your removal from the United States. If you or someone you know has received an NTA, the most important thing you can do is act quickly and avoid making decisions without legal guidance.

This post explains what a Notice to Appear is, what happens after you receive one, and the steps you should take to protect yourself and your family.

What Is a Notice to Appear?

A Notice to Appear, or NTA, is the charging document that initiates removal proceedings in Immigration Court. It is issued by the Department of Homeland Security, typically through U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), or U.S. Citizenship and Immigration Services (USCIS), and is filed with the Immigration Court to begin your case.

The NTA will list the factual allegations against you and the legal grounds the government believes make you removable from the United States. It should also include a date and time for your first court hearing, though in many cases the hearing date will say "to be determined" and you will receive a separate notice in the mail with your scheduled hearing date.

Do Not Ignore It

This may seem obvious, but it is worth emphasizing: never ignore a Notice to Appear. Failing to appear at your scheduled hearing can result in an in absentia removal order, meaning the judge can order your deportation without you being present. Once an in absentia order is entered, it can be extremely difficult to reopen your case, and you may face serious consequences including bars to future immigration benefits.

If you receive an NTA with a hearing date, mark it on your calendar immediately. If the hearing date says "to be determined," monitor your mail closely for a hearing notice from the Immigration Court. You can also check your hearing date through the EOIR Automated Case Information System or by calling the court hotline at 1-800-898-7180.

Step 1: Contact an Immigration Attorney Immediately

Removal proceedings are adversarial. The government will be represented by an attorney from ICE's Office of the Principal Legal Advisor. You have the right to be represented by an attorney as well, but unlike in criminal court, the government will not provide one for you. You must find and retain your own counsel.

An experienced immigration attorney can review the NTA, identify any errors in the charges, evaluate whether you are eligible for any form of relief from removal, and develop a case strategy. The earlier you involve an attorney, the better your chances of a favorable outcome. Critical decisions are made at the very first hearing, and showing up without representation puts you at a significant disadvantage.

Step 2: Understand the Charges Against You

The NTA contains two key sections. The first is a list of factual allegations, which are statements about your immigration history, such as when you entered the country, what status you were admitted in, and whether you overstayed or violated the terms of your admission. The second is the charge of removability, which is the specific section of the Immigration and Nationality Act that the government believes applies to your case.

At your first court hearing, the immigration judge will ask you to admit or deny each factual allegation and to concede or deny the charge of removability. How you respond matters. Admitting to certain facts or conceding removability without understanding the implications can limit your options later in the case. This is one of the most important reasons to have an attorney before your first hearing.

Step 3: Gather Your Documents

Start collecting any documents that may be relevant to your case. This includes your passport, visa, I-94 record, any prior immigration applications or approvals, USCIS receipts and notices, employment records, tax returns, birth and marriage certificates, and any evidence of your ties to the United States. If your case involves a criminal matter, gather court records, dispositions, and sentencing documents. The more organized you are when you meet with your attorney, the more efficiently they can evaluate your options.

Step 4: Know What Happens at Your First Hearing

Your first appearance in Immigration Court is called a master calendar hearing. It is typically brief. The judge will confirm your identity, explain the charges, ask how you respond to the allegations, and ask whether you have an attorney. If you do not yet have an attorney, you can request additional time to find one, and you should.

The judge will also ask whether you plan to apply for any form of relief from removal. This is where an attorney's assessment becomes critical. Depending on your circumstances, you may be eligible for asylum, cancellation of removal, adjustment of status, voluntary departure, or other forms of protection.

Step 5: Keep Your Address Updated

All hearing notices and court decisions will be sent by mail to the address you have on file with the Immigration Court. If you move and do not update your address, you may miss a hearing notice and receive an in absentia removal order.

You must update your address with both the Immigration Court and ICE's Office of the Principal Legal Advisor. These are separate agencies and they do not share address information. To update your address you need to file Form EOIR-33 with the Immigration Court where your case is pending within five business days of moving.

There May Be More Options Than You Think

Receiving a Notice to Appear does not automatically mean you will be deported. Many people in removal proceedings are eligible for some form of relief that allows them to remain in the United States. The key is getting competent legal representation early, understanding the charges against you, and building the strongest possible case.

At Javier Morales Law, Attorney Morales brings years of courtroom experience to every removal defense case. He understands how to present evidence, challenge the government's case, and advocate effectively before immigration judges. If you or a loved one has received a Notice to Appear, contact our office to schedule a consultation. We serve clients in English and Spanish, from our office in Miami and across the United States, including Puerto Rico.

Disclaimer: The information in this post is provided for general informational purposes only and does not constitute legal advice. Reading this content or contacting our office does not create an attorney-client relationship. Every immigration case is different, and outcomes depend on the specific facts and circumstances involved. For legal advice tailored to your situation, please schedule a consultation with our office.