When U.S. Citizenship & Immigration Services (USCIS) decides to remove someone from the United States based on a violation of immigration law, they will send that person a document called a Notice to Appear. Receiving this document means that you are subject to deportation unless you successfully contest the grounds of your case.
If you have already gotten an NTA in the mail or believe you may receive one soon, you should contact a Naperville Notice to Appear lawyer as quickly as possible to start discussing potential defense strategies. Removal from the U.S. could have devastating implications for both you and your family, so you should enlist a compassionate attorney who could work tirelessly to help you avoid deportation.
What Does a Notice to Appear Look Like?
At the top of a Form I-862, Notice to Appear, there will be a letterhead indicating that the document is a Notice to Appear from the U.S. Department of Homeland Security or the U.S. Department of Justice. Below that, the form will list biological information about the individual, including his or her name, birthdate, address, known aliases, and alien registration number if applicable.
One of three boxes will also be marked to indicate that the recipient is a new arrival at an official U.S. port of entry, an alien who already entered the U.S. unlawfully, or someone who entered the country lawfully but is now removable for specific listed reasons. Next, the form will detail the grounds on which the United States intends to seek the recipient’s removal from U.S. territory, including specific allegations of unlawful actions and the section of federal law that allows for deportation in light of those actions.
Most importantly, the form will generally list a location, date, and time for a Master Calendar hearing, which the recipient must appear for if he or she wishes to contest his or her removal. If a Notice to Appear does not include information about a Master Calendar hearing, the details for this hearing will be included in a separate Notice of Hearing. There are also several legal warnings listed on the back of the Notice of Appear regarding the recipient’s rights and responsibilities during the proceedings to come, all of which a Naperville attorney could explain in further detail.
Contesting Grounds for Removal
At the Master Calendar hearing, an NTA recipient must enter an initial plea, which is a legally binding statement agreeing or disagreeing that the charges are accurate and truthful. In some cases, acknowledging removability and arranging for voluntary departure is a valid approach to a Notice to Appear, as it allows an NTA recipient to avoid nearly all the long-term consequences that can come with involuntary removal.
Conversely, retaining a Notice to Appear lawyer in Naperville and indicating that you wish to contest your removal will result in the court scheduling an Individual Hearing for a later date. At this hearing, you and your legal counsel may present arguments, documentary evidence, and testimony to show that the allegations against you are inaccurate, that you qualify for legal permanent residence in the United States, or that removal would put extreme hardship on you and/or your family.
Contact a Naperville Notice to Appear Attorney as Soon as Possible
Depending on the circumstances, a Notice to Appear may come in the mail, from an immigration official delivering it in person, or through an attorney. Regardless of how you receive your NTA, your first move should be to contact an immigration attorney to discuss your legal options.
Time is of the essence when it comes to fighting deportation, so the sooner you retain a Naperville Notice to Appear lawyer, the better your chances may be of successfully securing a positive outcome to your case. Call today to schedule a confidential consultation and learn more.