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What You Really Want to Know | Episode #11 | I just received a Notice to Appear (NTA) in Immigration Court. What is it and what does it tell me?

https://www.youtube.com/watch?v=zDg9nxUCY1k

 

Transcript: Hi, I’m Attorney Shaffer. Today on “What You Really Want to Know,” We answer the question, I just received a Notice to Appear in Immigration Court, what is it and what does it tell me?

This is the first notice that you receive from the Department of Homeland Security that lets you know that the government is trying to kick you out. It is an extremely important notice that is going to guide the rest of the Removal Proceedings. So it is important to understand what is in it and oit can be broken down into several sections.

*If you are viewing this video on our website, if you scroll down, you will see the Notice to Appear that I am referring to blown up into different sections with the explanation of what each section is alongside of it.*

This is a redacted to Notice to Appear and I broke it down into 6 different sections:

1. Your Biographical Information - it is going to have your:

  • Name and any other names that you are known by

  • Alien Registration #

  • Date of Birth

  • Current Address

  • Phone #

Notice to Appear (NTA) in Immigration Court - Section 1

Notice to Appear (NTA) in Immigration Court - Section 1

2. Nature of Proceedings – There are 3 options here and the government will choose one. This is extremely important because it discusses how you entered the country and the way you entered the country (or how the government believes you entered the country) can have an effect on what type of relief you are eligible for:

1. Arriving alien = not admitted, stopped at border

2. Alien present in US without permission or parole = Enter Without Inspection (EWI) or someone who crosses the border

3. You have been admitted to US but are removable for the following reasons:

  • This category includes:

1. People who overstayed their visas, and;

2. People who are in legal status but violated the terms of status (for example, by committing a crime or a person here on a F-1 student visa drops below a full course load)

Notice to Appear (NTA) in Immigration Court - Section 2

Notice to Appear (NTA) in Immigration Court - Section 2

3. Factual Allegations:

1. You are not a U.S. citizen or national of the United States.

2. You are a native and citizen of your whatever country or countries the government believes that you are from.

3. You entered the country on a certain date and through a certain city and whether or not your entry was authorized and if so, for what period of time.

4. The alleged reason(s) why you are removable. This is the meat of the Notice to Appear- why the government says that they can kick you out. (This could include criminal convictions against you, remaining in the U.S. beyond the authorized period of stay, or not having a valid visa to enter the United States.)

Notice to Appear (NTA) in Immigration Court - Section 3

Notice to Appear (NTA) in Immigration Court - Section 3

4. Charges of Removability - This is where the government will cite to the section of the Immigration & Nationality Act that they are alleging that you violated.

Notice to Appear (NTA) in Immigration Court - Section 4

Notice to Appear (NTA) in Immigration Court - Section 4

5. Date & Place of Proceedings – This will tell you when and where you have to appear for your first hearing in Immigration Court. A lot of times, just as in the sample notice that I am using, this section will either be blank or say TBD (to be determined). If that is the case, you will receive another notice in the mail advising you of when and where your proceedings will be.

Notice to Appear (NTA) in Immigration Court - Section 5

Notice to Appear (NTA) in Immigration Court - Section 5

6. Legal Warnings and Certificate of Service – Tells you about consequences of failure to appear, your right to an attorney. The Certificate of Service will be filled out by government to prove that they provided this notice to you.

Notice to Appear (NTA) in Immigration Court - Section 6

Notice to Appear (NTA) in Immigration Court - Section 6

If you receive a Notice to Appear (NTA), what should you do?

Immediately contact an experienced immigration attorney today. You have the right to defend yourself against deportation. The government is required to prove all of the charges contained in this document before they can actually and physically remove you from this country.

You also have the right to prove that even if you are removable, that you are eligible for some sort of relief from removal. Only an experienced immigration attorney can help you determine what your best options are, and what if any, relief is available to you.

Contact us today to find out the best way to defend yourself from removal/ deportation.

That’s all for this episode of “What You Really Want to Know,” thanks for watching!

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