Received a Notice to Appear (NTA)? What to Do Next

A Notice to Appear, or NTA, is the document the government uses to start the process of placing you in immigration court. It is not a deportation order. Many people assume it means they will be removed immediately, and that assumption leads to the wrong decisions in the first days after it arrives. What you do in those days can change the outcome of your case.

Watch NYC immigration attorney Remzi G. Kulen explain what an NTA is, why USCIS is issuing so many of them right now, and what to do in the first days after receiving one:

What an NTA actually is

The full name is Form I-862, Notice to Appear. It is issued by the Department of Homeland Security and it explains why the government believes a person should be placed in removal proceedings. The document usually contains basic information about you, factual allegations, the immigration charges, the legal basis for removal and, sometimes, the date, time and location of the first hearing. It does not contain much detail about your situation. It is still one of the most important documents you will ever receive.

One point is easy to miss. Receiving an NTA does not always mean your case has already started in immigration court. Removal proceedings generally begin when DHS files the NTA with the court after serving it on you (8 CFR 1003.14(a)). It is entirely possible that the notice was served on you but has not yet been filed. So one of the first things to check is whether the case actually exists in the court system.

What to do in the first days

• Do not ignore it. Do not assume that nothing will happen because there is no hearing date on the notice. Some NTAs carry no date, and the immigration court later sends a separate notice of hearing.
• Read every line. Check your name, your A-number, your address, the factual allegations and the charges.
• Check the court system. Using your A-number, you can confirm through EOIR's Automated Case Information system online, or by calling its hotline at 1-800-898-7180, whether a hearing has been scheduled for you. If nothing is on file, the NTA may not have been filed yet. The hearing notices the court sends you, not the online system, are the official source of case information.
• Fix your address with the court. If your address is wrong or changes later, you must notify the immigration court in writing on Form EOIR-33/IC within five days (8 CFR 1003.15(d)). Updating USCIS alone is not enough, because you are now in a different procedure.
• Never miss a hearing. Missing an immigration court hearing can result in an in absentia removal order, meaning the judge orders you removed even though you were not present (INA 240(b)(5)). A hearing notice sent to the last address you gave the court is legally sufficient, which is why the address step above matters.
• Do not admit anything before speaking to an attorney. At the first hearing the judge may ask whether you admit or deny the allegations and charges. Those answers matter, especially where there are criminal issues, status violations, fraud, asylum or prior immigration history in the picture.

Why people are receiving NTAs now

The single biggest reason we see today is a denied application. Someone files for a spouse, or files a change of status or an extension, the application is denied, and USCIS issues an NTA because the person no longer has lawful status. Historically this was the area where USCIS issued the fewest NTAs. A denial usually meant you were left to depart on your own. That has changed. Today a denial alone can bring an NTA. Under the USCIS NTA policy memo in effect as of September 2026 (PM-602-0187, dated February 28, 2025), USCIS issues an NTA when it denies a benefit request and the person is not lawfully present in the United States.

Other common triggers:

• Overstay or status violation: remaining after your authorized stay expired, working without authorization or violating the terms of your visa.
• An arrest, charge or conviction. A car accident, a bar fight, a DUI: the criminal court system can notify ICE and an NTA can follow, depending on the facts and the immigration consequences of the offense.
• Fraud or material misrepresentation in an application or at a prior entry.
• Affirmative asylum referrals when the asylum office does not approve the case and the applicant has no status.
• Entry without inspection, or being stopped at the border or processed by immigration enforcement.
• Naturalization applications, in the rarer situation where USCIS believes the green card itself was obtained improperly.

Examples of what is happening now

These are the kinds of cases that prompted this explainer:

• A B-2 visitor files a change of status to F-1. There is a request for evidence, then a denial, and then an NTA stating the person no longer has any status in the United States.
• A B-2 visitor applies for F-1 status, discloses a criminal matter from the past, the application is denied for that reason alone, and an NTA follows because of the criminal history.
• A green card holder files an I-130 and I-485 for a spouse in F-1 status. Because of visa number availability it takes three years to reach an interview. At the interview the couple is told the spouse did not maintain status, and an NTA is issued. This is a case pattern we did not see before.
• Another example of what is happening now: an H-1B worker changes employers. The new employer files, the old employer withdraws the earlier petition, and after the withdrawal is recorded an NTA is issued to the worker, even though he never violated status and was simply porting to a new employer.
• An affirmative asylum applicant goes to the interview, the interview goes well, and ICE is waiting at the door because of a past criminal conviction.

What happens at the first hearing

The first hearing is usually a master calendar hearing. It is not the trial. It is a scheduling and procedural hearing where the judge confirms your identity and address, explains your rights, asks whether you have an attorney, reviews the allegations and charges, asks whether you admit or deny them, and sets future deadlines or hearings. Your actual claims are argued later.

Possible forms of relief, meaning the things that can stop a removal, include asylum, withholding of removal, cancellation of removal, adjustment of status where there is a qualifying relative, waivers and other defenses depending on the case. The right strategy depends on your immigration history, family situation, criminal history, manner of entry, prior applications and current eligibility.

Can an NTA be terminated?

Yes, in some cases, but termination is not automatic and depends heavily on the facts and on where the case stands procedurally. There are two distinct stages.

Before the NTA is filed with the court

DHS may cancel the NTA before jurisdiction vests with the immigration judge (8 CFR 239.2(a)). This happens, for example, where the NTA was issued by mistake, where the person is not actually removable, where the person has since become a U.S. citizen or national, or where circumstances changed after the NTA was issued.

After the NTA is filed with the court

Once the NTA is filed, the case is under the court's jurisdiction, and it can end only by a decision of the court. Leaving the United States does not, by itself, end it. If you leave and miss a hearing, the judge can order you removed in absentia (INA 240(b)(5)). That order can bar you for 10 years from relief such as cancellation of removal, voluntary departure and adjustment of status (INA 240(b)(7)), and a removal order generally makes you inadmissible for 10 years after you are removed or leave while it is outstanding (INA 212(a)(9)(A)). If you need to leave, speak with your attorney first: the options are to have the case terminated or dismissed, or to request voluntary departure, which has to be granted by the immigration judge (or, in some situations, by DHS) and comes with strict deadlines and conditions (INA 240B).

Termination at this stage usually requires a motion, DHS agreement, a legal defect in the case or another recognized legal basis. Examples of when it may be possible: the government cannot prove the removal charge, the NTA or the charge is legally defective, the person obtained lawful status after proceedings started, the parties jointly move to terminate, DHS does not oppose, or the person is eligible for a benefit that belongs with USCIS rather than the court. DHS can also ask the judge to dismiss the case on the same grounds that would have allowed it to cancel the NTA (8 CFR 239.2(c)).

A person may also ask DHS or ICE counsel for prosecutorial discretion, in effect asking the government to agree that this case is not worth pursuing. The previous administration's enforcement priorities and the guidance based on them were revoked in early 2025, so as of September 2026 prosecutorial discretion is much harder to obtain. Termination is not the same as winning permanent status. Sometimes it simply ends the court case while the person still has to pursue a separate immigration benefit. In practice you remain in the United States, but without lawful status, and that happens a lot.

A case from our own docket

An I-751 petition to remove the conditions on residence was denied because our client, who was traveling, never received the interview notice. An NTA was issued and she was referred to court. We filed a motion, overturned the denial, and told the court a new interview was coming and asked it to hold the case. At the time of the video (August 2026), USCIS had approved the petition, and we were going back to the court to terminate the NTA. There are ways to deal with this, and they depend on experienced handling. Prior results do not guarantee a similar outcome.

What not to do

• Do not ignore the document.
• Do not move without updating your address with the immigration court.
• Do not ever miss a hearing.
• Do not assume a pending USCIS application automatically protects you.
• Do not admit allegations without understanding the consequences.
• Do not rely on advice from friends, online forums or social media.

An NTA means the government has taken formal action against you. The response has to be careful, organized and strategic. Many people in removal proceedings have options, but those options depend on the facts of the case.

Received a Notice to Appear? Contact Kulen Law Firm before your first hearing so the allegations, the court record and your possible relief can be reviewed together.

This article is general information and not legal advice. Every case is different. Speak with an experienced immigration attorney before making any decision in court.