Published: March 6, 2026
Author: Kelsey Zubkoff, Immigration Attorney
Reading Time: 11 minutes
Receiving a Notice to Appear (NTA) is one of the most frightening experiences in the U.S. immigration system. This single document—Form I-862—means that the Department of Homeland Security (DHS) has initiated removal proceedings against you in immigration court. But an NTA is not a deportation order. It is the beginning of a legal process, and in many cases, there are strong defenses and forms of relief available. Understanding your rights and options immediately after receiving an NTA can make the difference between staying in the United States and being removed.
This guide from Zubkoff Law explains what an NTA means, what happens in immigration court, and how to build the strongest possible defense.
What is a Notice to Appear?
A Notice to Appear is a charging document issued by DHS (typically through ICE, CBP, or USCIS) that formally places a noncitizen into removal proceedings before an immigration judge. Think of it as the immigration equivalent of being charged with a crime—it starts the legal process, but it does not determine the outcome.
The NTA contains:
- Your biographical information (name, date of birth, country of citizenship)
- The factual allegations against you (e.g., "You entered the United States without inspection on or about [date]")
- The charges of removability (the specific sections of the INA that DHS claims apply to you)
- The date and time of your first hearing (or "TBD" if not yet scheduled)
Who Issues NTAs?
In 2026, NTAs are being issued by multiple agencies under heightened enforcement priorities:
- ICE (Immigration and Customs Enforcement) — After arrests, workplace raids, or targeted enforcement operations
- CBP (Customs and Border Protection) — At the border or ports of entry
- USCIS — After denying certain applications (a significant change from prior years, where USCIS referrals to immigration court were less common)
What to Do Immediately After Receiving an NTA
Step 1: Do Not Ignore It
This is the most critical advice. Failing to appear at your immigration court hearing will result in an in absentia removal order—meaning the judge will order your deportation without you being present, and you will have very limited options to reopen the case.
Step 2: Read It Carefully
Review every allegation and charge on the NTA. Note whether the hearing date is specified or listed as "TBD." If the date says "TBD," you will receive a separate hearing notice from the immigration court with your actual date—watch your mail carefully.
Step 3: Hire an Immigration Attorney Immediately
Immigration court is an adversarial proceeding. The government is represented by a trained DHS trial attorney whose job is to secure your removal. Unlike criminal court, you do not have the right to a free attorney in immigration court. You must hire your own—and doing so dramatically improves your chances.
Studies consistently show that represented respondents are significantly more likely to win their cases than those who appear pro se (without an attorney).
Step 4: Gather Your Documents
Start collecting every document that may be relevant to your case:
- Your passport and any immigration documents (visas, I-94, EAD, approval notices)
- Any prior applications filed with USCIS
- Evidence of your time in the United States (tax returns, lease agreements, utility bills)
- Evidence of family ties (marriage certificates, children's birth certificates)
- Evidence of good moral character (employment records, community involvement)
- Any criminal records or court documents (if applicable)
What Happens in Immigration Court
Immigration court proceedings typically unfold over multiple hearings spanning months or even years. Understanding the process helps reduce anxiety and allows you to prepare effectively.
Master Calendar Hearing (First Hearing)
Your first hearing is typically a master calendar hearing—a brief, procedural appearance where:
- The judge confirms your identity and address
- You are asked whether you have an attorney (if not, you may request a continuance to find one)
- The judge reads the charges against you
- You respond to the charges (admit or deny the factual allegations; concede or contest the charges of removability)
- You identify any forms of relief you intend to pursue
This hearing usually lasts 5-15 minutes. It is not the time to present your full case—that comes later.
Individual (Merits) Hearing
The individual hearing is your trial. This is where you present evidence, call witnesses, and testify before the judge. The DHS trial attorney will cross-examine you and present the government's case.
| Hearing Element | What Happens |
|---|---|
| Opening statements | Your attorney outlines your case |
| Direct examination | You testify about your situation |
| Cross-examination | DHS attorney questions you |
| Documentary evidence | Your attorney submits supporting documents |
| Witness testimony | Family members or experts testify on your behalf |
| Closing arguments | Both sides summarize their positions |
| Judge's decision | May be issued orally or reserved for a written decision |
Forms of Relief from Removal
Even if you are in removal proceedings, there may be legal options to remain in the United States. Common forms of relief include:
Cancellation of Removal
Available to certain long-term residents who can demonstrate:
- For LPRs: 7 years of continuous residence and 5 years as an LPR, with no aggravated felony conviction
- For non-LPRs: 10 years of continuous physical presence, good moral character, and that removal would cause "exceptional and extremely unusual hardship" to a qualifying U.S. citizen or LPR relative
Asylum and Withholding of Removal
If you fear persecution in your home country based on race, religion, nationality, political opinion, or membership in a particular social group, you may apply for asylum (if within the filing deadline) or withholding of removal.
Adjustment of Status
If you have an approved family-based or employment-based petition and are otherwise eligible, you may be able to adjust status to a green card even while in removal proceedings.
Voluntary Departure
If relief is not available, voluntary departure allows you to leave the United States on your own terms (at your own expense) within a specified period, avoiding a formal removal order on your record. This preserves your ability to apply for future immigration benefits without triggering the bars associated with a removal order.
Prosecutorial Discretion
In some cases, DHS may agree to exercise prosecutorial discretion—dismissing or administratively closing your case based on factors like your ties to the community, lack of criminal history, and the government's enforcement priorities.
Common Mistakes in Immigration Court
Missing a hearing. Even one missed hearing can result in an in absentia removal order. If you cannot attend, file a motion for continuance in advance.
Talking to ICE without an attorney. Anything you say to ICE officers can be used against you in court. Exercise your right to remain silent and request an attorney.
Filing applications incorrectly. Immigration court has strict filing deadlines and formatting requirements. Improperly filed applications can be rejected or deemed abandoned.
Not appealing a denial. If the immigration judge denies your case, you have 30 days to file an appeal with the Board of Immigration Appeals (BIA). Missing this deadline means the removal order becomes final.
Assuming you have no options. Many people in removal proceedings have viable paths to relief that they are not aware of. An experienced immigration attorney can identify options you may not know exist.
How Zubkoff Law Defends Clients in Removal Proceedings
At Zubkoff Law, we represent clients in immigration court proceedings across the country. We understand the stakes—your ability to remain in the United States, with your family, depends on the quality of your legal representation.
Our approach includes a thorough case evaluation to identify every possible form of relief, strategic preparation for both master calendar and individual hearings, comprehensive evidence compilation, witness preparation, and—when necessary—appeals to the Board of Immigration Appeals.
We are known for taking cases that other attorneys have given up on. If you have received an NTA, do not wait—every day matters.
Received a Notice to Appear? Contact Zubkoff Law immediately or call (602) 619-0788. Time is critical.