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Navigating Notices To Appear C...

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Navigating Notices To Appear Changes: What It Can Mean For Your Immigration Case

Navigating Notices To Appear Changes: What It Can Mean For Your Immigration Case
The Silicon Review
03 October, 2024

Getting snarled in the immigration process is surprisingly easy especially when a Notice to Appear (NTA) is involved. Typically, you only receive an NTA after being convicted of a crime. You check the citation for the court time and location but the information is missing from the ticket.

Previously, this meant being stuck in the immigration system trying to get a court date, but this is changing. Untangling Notice to Appear amendments can be crucial for your immigration case. These changes can even impact your ability to legally remain in the United States.

What is Notices To Appear

If you’re going through the immigration process, meaning you’re not a naturalized U.S. citizen and are convicted of a crime you can receive a Notice To Appear in the mail. This is a legal document issued by The Department of Homeland Security (DHS). Whatever you do, don’t ignore the legal document.

A NTA is both a notice and a summons. The citation notifies you that the proceedings to have you legally removed from the country have started.

Before you start packing your bags to return to your birth country, you can take legal steps to stop the deportation process. This probably means contacting an experienced immigration attorney for legal advice. Remember, the NTA is filed by the DHS and you usually don’t want to fight a governmental agency alone.

What Qualifies as a Notice to Appear Offense

To receive an NTA, you usually need to be convicted of something a little more serious than a speeding ticket. Misdemeanors are typically overlooked by the DHS, so this means your traffic tickets probably aren’t going to trigger the deportation process.

The DHS looks at felonies, especially violent ones a little differently. If you’re convicted of a felony, this can be anything from murder, manslaughter, and robberies to rape and home invasions. Drug offenses can also be a reason you receive an NTA.

A quick side note: a violent crime conviction is grounds for automatic deportation after serving your prison sentence. This means you’re probably wondering why you need to know about the NTA process. Even though a criminal conviction is the most common reason individuals receive an NTA, it’s not the only one.

Simply changing your benefits application or adjusting your status can result in an NTA. If the government disagrees with your reason for applying for U.S. citizenship, you may also receive a citation to appear in immigration court.

The Notice To Appear Process

You’re probably wondering how the DHS knows when to send out NTAs. The department receives lists of everyone convicted of a serious crime or offense. If an individual isn’t a U.S. citizen, the department sends an NTA.

After filing the NTA with the immigration court you receive a notice of the proceedings in the mail. The citation will outline why the government believes you meet the grounds for deportation.

From there, you attend a series of hearings. These hearings are before immigration officials and not a judge. After going through these initial hearings, the NTA can be dropped. However, if it’s not dropped, you appear before an immigration court judge.

During this hearing, the judge usually hears both sides, yours and the government, before retiring to review the evidence. The judge can make a ruling on your immigration status in a few minutes or days. Sometimes, it can take weeks before a judge renders their decision.

If the judge rules in favor of the government, you will probably be deported back to your birth country. If the ruling is in your favor, you can remain in the United States and continue working your way through the immigration process.

Preventing Possible Deportation

As a non-legal U.S. resident, your rights are limited, although this doesn’t necessarily mean you can’t fight an NTA. If the deportation process has moved to a hearing in immigration court, you may be able to change your immigration status. This solution typically applies if the NTA is sent in response to your benefits or status change.

For example, your immigration visa is tied to your spouse’s but you’re recently divorced. Since your spouse is a U.S. citizen and your sponsor, changing your status may get you around the NTA.

Some individuals may be able to file a waiver. You will need to be a resident of the U.S. for at least ten years. You also can’t have a criminal record. If you meet these requirements, the waiver can be used to stop the deportation process.

These are only a few examples of possible solutions. Your immigration attorney can help you find a solution for your NTA.

Problems with NTA Changes

Notices to Appear have their share of problems. Opening up a citation only to find out the court’s location and time is missing isn’t uncommon. Since missing a court date can severely impact your ability to remain legally in the country the missing information can result in a lot of stress.

Calling and showing up at the immigration office can help you get a court date, time, and location. Now, you’re hoping the court receives the same information or you’re back to rescheduling another court date. You can find yourself stuck in the immigration system for months wondering if your deportation status will ever be resolved.

To help speed up the process, the Board of Immigration Appeals (BIA) has issued a landmark ruling that can significantly impact your case. Known as the Matter of R-T-P, 28 I & N Dec. 828 (BIA 2024), the immigration judge can now assign a court time and location to an NTA without notifying the recipient. This means a judge can assign you a court date without notifying you.

Don’t Handle a NTA On Your Own

Receiving a Notice to Appear (NTA) can be frightening and stressful. It means the deportation process has begun, and you’re suddenly faced with limited time to take action. However, working with an experienced immigration attorney can help you navigate the complexities of the NTA process more effectively.

Even if an immigration judge is handling the scheduling of your court appearance, having a knowledgeable advocate by your side ensures that you understand your rights and options. With proper legal guidance you can approach the situation with more confidence and work toward the best possible outcome.

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