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NTA Notice to Appear

What is NTA?

A notice to appear (“NTA”) is the charging document that starts the removal proceedings against an immigrant by department of homeland security. NTA indicates the immigrant’s name, address, immigrant status, DHS allegations and a charge, meaning the bases of your removal.

The allegations typically say something like:

  • You are not a US citizen
  • You are a citizen of your home country
  • You entered the US on a particular date
  • Whether your entry was authorized or not and, if so, for how long
  • The reasons why you should be deported (criminal activity, overstay, etc.)
  • The specific statutory provisions that you are believed to have violated.

The NTA usually has the initial court date.

The NTA must also list important disclosures. These include:

  • your right to be represented by counsel during removal proceedings, but at no expense to the government
  • the consequences of failing to appear for a scheduled hearing, such as receiving an Order of Removal in absentia
  • your duty to notify the Court of any change of address during removal proceedings, and
  • your duty to surrender to removal if ordered or to voluntarily depart if allowed to do so.

If you received an NTA, it means that you must appear in immigration court on the date specified or at a date to be determined in the future to admit or deny the allegations and request a relief.

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Issuance of NTA

In accordance with June 28, 2018, Policy Memorandum (PM), Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens U.S. Citizenship and Immigration Services, USCIS now may issue NTAs  based on denials of the following application and petitions:

Applications for T visa Form I-914/I-914A, Applications for T Nonimmigrant Status,

Petitions for U visa, Forms I-918/I-918A, Petitions for U Nonimmigrant Status;

Petitions for Special Immigrant (Violence Against Women Act self-petitions VAWA and Special Immigrant Juvenile petitions) I-360 Petition for Amerasian, Widow(er);

Petition for family member of U-1 nonimmigrant, Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant, ;

Petition for Asylee/ Refugee  Form I-730 Refugee/Asylee Relative Petition, when the beneficiary is present in the US,

Applications for Green Card  Form I-485, Application to Register Permanent Residence or Adjustment of Status, filed with these underlying form types.

If applicants, beneficiaries, or self-petitioners who are denied do not have valid visa  and do not depart the United States, USCIS may issue an NTA.

USCIS will not implement the memorandum with respect to employment-based petitions at this time.

At the Law Offices of Irina Vinogradsky, LLC, full service immigration law firm, we help prospective immigrants and their employers determine whether they are eligible for employment-based green cards, and if so, we guide them through the process.