What Is a Notice to Appear?

A Notice to Appear (NTA) is the immigration equivalent of a criminal complaint. It is issued by DHS (ICE, CBP or USCIS) and filed with the immigration court.

What an NTA contains

Under 8 U.S.C. 1229, the notice must include:

• The nature of the proceedings
• The legal authority
• The acts or conduct alleged to be in violation of law (factual allegations, such as your citizenship and date of entry)
• The charges and the statutes allegedly violated
• That you may be represented by a lawyer at no expense to the government, and a list of free legal services
• The requirement to keep your address updated and the consequences of failing to appear
• The time and place of the hearing

In Niz-Chavez v. Garland, the Supreme Court held that the notice must come in a single document containing all required information, including time and place, to trigger certain legal effects.

How you might receive one

• After an ICE arrest or at the border
• After USCIS denies an application, such as an asylum or adjustment application
• By mail

Does an NTA go on your record?

It is part of your immigration record and is not a criminal charge. It does not show up on criminal background checks, but it matters for all future immigration applications.

What to do after receiving an NTA

1. Check the hearing date on EOIR's online case portal or automated phone line using your A-number. Some NTAs say "to be set"; watch for a hearing notice.
2. Keep your address current with the immigration court using Form EOIR-33 within five days of moving.
3. Read the allegations carefully; errors can matter.
4. Find a lawyer. Representation greatly affects outcomes.
5. Watch deadlines, including the one-year asylum deadline if you fear returning to your country.
6. Attend every hearing. Missing one usually results in an in absentia removal order.

What happens at the first hearing

The judge explains your rights, asks you to respond to the allegations and charges, and asks what relief you plan to seek. See what happens in immigration court.

Contact an immigration lawyer as soon as you receive an NTA.

Sources

1. Cornell Law School LII: 8 U.S.C. 1229, Initiation of removal proceedings
2. Cornell Law School LII: Niz-Chavez v. Garland, 593 U.S. 155 (2021)
3. Executive Office for Immigration Review