IMMIGRATION LAWYER NYC: WHAT TO DO IF YOU RECEIVE A NOTICE TO APPEAR (NTA)

Receiving a Notice to Appear (NTA) is one of the most stressful situations you can face regarding an immigration case.  

This letter formally informs you that the government will be initiating removal proceedings against you in the immigration court.  

If you are in NYC, an experienced immigration lawyer NYC can explain your rights and come up with a solid defense together with you.  

Here is a detailed review of what an NTA is, what steps should be taken immediately, and how an immigration lawyer NYC can defend your future. 

The Meaning of a Notice to Appear (NTA) 

The Homeland Security or ICE issues a Notice to Appear as a formal charging document to initiate a removal case before the immigration court.  

The NTA has a very important function as it specifies the grounds on which the government is basing its removal case against you, and also it contains your court hearing date, time, and venue. 

Actually, as soon as you receive the NTA, your removal case starts. The place where the immigration authorities can prove their allegations or charges against you may be your civil immigration court. 

This can be a great step for you since, through this course, you will have a chance to challenge the said allegations or charges.  

The main thing here is that when you receive an NTA, you should know that it means that the immigration authorities believe you are guilty of an immigration law violation, or your entry to the country was without authorization.  

The document then further instructs you to appear before an immigration judge on a certain date and location. Failure to attend the hearing may lead to deportation in absentia, causing you to lose the chance to present your defense. 

After receiving a NTA, what do you do? You should connect with an immigration lawyer NYC. 

Step 1 – Protect Your Documents and Keep it Accessible 

Where you put your NTA is important because you want that piece of paper close by when you are ready to start addressing the matter that it has brought up. 

You should make several copies of the original document. Also, collect any and all immigration-related documents you can find. This includes your passport, birth certificate, and past immigration paperwork. 

Step 2 – Get an Immigration Lawyer NYC Immediately 

This is the most crucial step you can take. A competent immigration lawyer NYC will explore your case, inform you of possible options, and formulate a legal plan.  

Do not put this off as your hearing date is almost here, and you barely have any time for preparations. 

Step 3 – Compile Evidence in Support of Your Case 

After getting an NTA, you continue to gather evidence for your defense. Correspondence from employer, rental contract, utility bills, documents relating to family, bank statements are part of this.  

Besides that, these documents also show membership in a community, employment history, and family relationships. 

So, compiling these documents early assists your immigration lawyer NYC in coming up with a legitimate defense. 

Step 4 – Clarify Your Hearing Schedule 

Write down the date for your hearing in a very conspicuous place in your diary. Double-check with your immigration lawyer NYC when and where you are supposed to be.  

Most importantly, don’t be late or miss the hearing at all if you don’t want to suffer from repercussions like automatic deportation. Hence, plan your trip ahead of time. 

Common Allegations for Deportation in NTAs 

• Illegal Entry or Presence. 

One of the most common allegations in NTA is entry without inspection or overstaying a visa. 

If someone enters without inspection or violates their visa conditions, they are subject to the removal proceedings.  

On the other hand, a skilled immigration lawyer NYC still might find defenses or relief solutions (e.g. cancellation of removal or asylum applications) that are available to the client. 

• Criminal Convictions. 

Deportation is still a possibility for drug-related offenses, violent crimes, and thefts.  

Apart from that, the consequences of crimes from an immigration point of view are quite different from those of criminal sentences, so it is very important to have legal guidance. 

• Visa Violations. 

The issuance of NTA is mostly due to visa violations such as overstaying a visa, engaging in unauthorized employment, or violating the conditions of the visa.  

However, your immigration lawyer NYC may quite possibly be able to refute the evidence put forth by the government or explore any available relief options. 

Benefits of Hiring an Immigration Lawyer NYC 

• Initial Assessment and Planning of Defense. 

Your legal representative will take a close look at your unique situation and find the most robust defenses available.  

They also check for any possible forms of relief that you can access, such as asylum, cancellation of removal, or voluntary departure.  

On top of that, having legal representation makes a huge difference in your case outcomes. 

• Court Representation. 

At the court hearings and any other legal proceedings, your immigration lawyer NYC will be there with you.  

They do cross-examination of witnesses, introduction of evidence, and present arguments to the judge.  

Also, a competent immigration lawyer NYC will safeguard your rights the entire time. 

• Document Preparation. 

Your immigration lawyer NYC is responsible for drafting all the relevant legal documents, motions, and applications. 

In addition to that, they collect the evidence and prepare you to give your testimony. Because of this, your defense will be considerably stronger with careful preparation. 

• Appeals and Motions. 

In case the judge gives ruling against you, the immigration lawyer NYC can appeal the case or submit post-deportation relief motions. 

Furthermore, they will examine all your legal options for challenging the removal and order of deportation. 

How to Get Ready for Your Immigration Court Hearing 

• Compile Your Evidence. 

Make sure to collect your evidence thoroughly before the court date. Requesting employment verification letters, medical records, and bank statements can be very helpful in showing that you are stable and law-abiding.  

Besides that, you can also use affidavits from family members as evidence of relationships and personal support. This kind of documentation will augment the proof you bring to court. 

• Work with Your immigration lawyer NYC to Refine Your Testimony. 

You may have to respond to questions as part of the hearing process.  

So, you should work closely with your immigration lawyer NYC to practice answering such questions efficiently and truthfully. 

Rehearse going through your background, how you came into the country, and your present circumstances.  

Keep in mind that the judge will trust you if your testimony is consistent and truthful. 

• Learn the Court’s Rules. 

Become familiar with the court procedures and the expected behavior there. 

Your immigration lawyer NYC will enlighten you on what the hearing will be like, how you should conduct yourself in court, and what part you will play in the entire process.  

Furthermore, knowing the court’s procedures is a great way to lower stress and perform well. 

• Get an Interpreter Service. 

In case you don’t speak English well, it is a must that you get an interpreter so as not to be out of the loop when the court is in session.  

Qualified translation will help you understand every word said and be able to respond adequately.  

Your immigration lawyer NYC is the one who will handle all the relevant processes for you to get an interpreter. 

Common Mistakes to Avoid 

• Failing to Appear in Court. 

Whatever the reason may be, do not skip your hearing.  

An automatic removal order is the penalty for failure to appear, leaving the individual without a chance to present their defense.  

Hence, it is very important to check your date and organize your transport. 

• Answering Immigration Officers’ Questions Without a Lawyer Present. 

Law officials might get in touch with you after your NTA. In any case, do not give any answers without your immigration lawyer NYC being present. 

Remember that the government can use anything you say against you in court. 

• Dragging Your Feet in Responding to NTA. 

Some individuals may discard the thought of the NTA altogether.  

However, neglecting the document cannot be a solution since such a situation will only get worse for the people involved.  

Besides that, the government’s case for deportation will be stronger if you don’t show up. 

• Not Collecting Evidence. 

Limiting yourself to collecting documents on the day of the hearing means that you have less prep time.  

Hence, beginning to amass corroborative material as soon as you get your NTA is the best thing to do. 

• Getting Legal Advice from Unqualified Persons. 

Ensure that you only deal with immigration lawyers NYC who are duly licensed to practice immigration law. 

This is crucial because immigration notaries and consultants without legal qualifications give improper legal advice. 

Consequently, hiring an experienced immigration lawyer NYC would be the best decision for your case. 

Get help! 

Professional legal service is what your case demands. Reach out to a qualified immigration lawyer NYC at Gehi and Associates to set up your consultation and go over your NTA.  

Our experienced immigration lawyers NYC will explain your options and formulate a defense strategy tailored to your situation. 

The earlier you contact us, the faster our immigration lawyers NYC can strengthen your case. Don’t hesitate to get help now and save your future at the same time. 

Connect with us today! 

FAQs about NTA and Immigration Lawyer NYC: 

1. What does NTA stand for? 

NTA stands for Notice to Appear. It is the official document that starts a removal case in the immigration court. It serves as the notification of the charges (e.g., overstay, unauthorized employment, etc.) and provides the date of the scheduled hearing. 

2. How much time do I have after receiving an NTA? 

The administrative hearings often take place within 10 to 60 days of receiving the NTA. Therefore, depending on which one of the two extremes your case fits, the 10 to 60 days serve as a window for you to get ready. Hence, do not rely on average time. 

3. Is it Advisable to Ignore a Notice to Appear? 

Absolutely not. Not only will ignoring the NTA lead to your being deported without a hearing, but it will make it impossible for you to present your defense. In addition, when you fail to appear in court, you are committing a very serious violation. 

4. Do I need an immigration lawyer NYC for my NTA hearing? 

It is not necessary to have an immigration lawyer NYC when attending an NTA hearing. However, the court procedure for immigration matters is complicated and difficult to comprehend for people without legal training and experience in this area of law.  

An immigration lawyer NYC is highly recommended because your chances of getting a favorable result are greatly enhanced and not only that, but your fundamental rights are also protected as well. 

5. What happens if I miss my court date? 

If you do not appear before the judge, the court will issue an order of removal in your absence – the so-called removal in absentia. 

You thus forfeit the opportunity to have your side of the story heard and your evidence evaluated. 

More FAQs

6. Can I get a dismissal from my NTA? 

Yes, in certain instances. Your immigration lawyer NYC can prepare and submit one or more motions to dismiss the NTA due to factual/legal flaws, improper service, or violation of a procedural requirement.  

If the motions are successful, there will be a dismissal of the removal proceedings. 

7. What relief options do I have after receiving an NTA? 

There are multiple relief options after NTA; they are asylum, cancellation of removal, withholding of removal, and voluntary departure.  

Your immigration lawyer NYC will assess each of these and decide which one is most suitable for your particular circumstances and case facts. 

8. How long does an immigration court case take? 

Immigration court timelines vary significantly. For some cases, the first hearing is the end.  

For other cases, multiple hearings are needed and therefore, it takes months to reach a conclusion.  

Your immigration lawyer NYC will give you a realistic timeframe depending on the facts of your case. 

9. What documents should I bring to the immigration court? 

Include in your list of items to bring the NTA, your passport, any other ID, letters from your employers, family documents, rental agreements, and medical records.  

It is the immigration lawyer NYC who will give you the comprehensive list of documents that you need to bring before the hearing. 

10. Can I appeal an unfavorable decision by the immigration court? 

Yes. After the court ruling against you, the next step is to file an appeal to the Board of Immigration Appeals (BIA).  

Your immigration lawyer NYC will discuss with you the different options for appeal as well as the deadlines associated with each of these options.  

The advantage of appeals is that they keep you open to the possibility that one may be granted relief.