If you or someone in your family just received a document called a “Notice to Appear,” the first thing we want you to know is this: it is scary, but it is not the end of your case. It is the beginning of one — and there is a lot you can do from here.
Here’s what a Notice to Appear is, why so many more people are getting them in 2026, and exactly what to do in the days right after you receive one.
What Is a Notice to Appear (NTA)?
A Notice to Appear, or NTA, is the official form (Form I-862) the government uses to start a case against you in immigration court. Think of it as the government’s opening statement: it lays out who you are, what the government believes about your immigration status, and why it believes you should be removed (deported) from the United States.
An NTA is filed in court by the ICE Attorneys. The NTA gets filed for several reasons:
- U.S. Citizenship and Immigration Services (USCIS) denies an application;
- U.S. Immigration and Customs Enforcement (ICE) becomes aware that you area here, like an arrest you had or a warrant, so information from other law enforcement;
- U.S. Customs and Border Protection (CBP), usually at or near the border you get detained;
The NTA lists the specific facts the government is relying on, the legal grounds it claims make you removable, and the date, time, and location of your first hearing. The bottom page Read your NTA closely and hold onto every page.
Why More People Are Getting NTAs Right Now
If it feels like NTAs are more common than they used to be, that’s not your imagination. On February 28, 2025, USCIS issued new policy guidance rolling back the more limited approach used under the previous administration. Under the current policy, USCIS is directed to issue an NTA any time it denies an immigration benefit application and the applicant is out of lawful status or removable on other grounds, and officers are told to use that discretion to hold back only in “very limited and compelling” situations.
In practice, this means an NTA can now follow a denial of almost any kind of application: a family petition, an adjustment of status, an asylum claim, even a naturalization application if there’s an old conviction on record. Since the policy took effect, USCIS alone has issued close to 200,000 NTAs. This is one of the reasons we’re telling clients: don’t wait to talk to someone if you get bad news on an application. What used to be a simple denial letter can now come with a court date attached.
What To Do If You Receive a Notice to Appear
The honest answer is what you do in the first few days matters. Here is the order we walk clients through:
- Call an immigration attorney right away. Don’t wait for the first hearing to get help. The earlier a lawyer is involved, the more options you usually have.
- Check every detail on the NTA. Confirm your name, address, and A-number are correct. Errors happen, and they can matter later.
- Update your address with the court if it’s changed. This is done on Form EOIR-33, and it needs to happen fast. You have five days to change your address with the court. The consequences of not changing your address are missing a hearing and receiving a removal order.
- Don’t sign anything before talking to a lawyer, such as voluntary departure or stipulated removal form.
- Never miss a hearing or a deadline. Missing court can result in an order of removal issued without you there.
What Happens at Your First Hearing
Your first court date is called an Initial Master Calendar Hearing. It’s short, often just a few minutes, and procedural. The judge confirms your information, addresses the charges in the NTA, and sets a schedule for the rest of your case. In many non-detained cases, if your attorney files paperwork at least 15 days before that hearing, the court will cancel it and simply mail a written schedule instead. This is one of the reasons getting a lawyer involved early can save you a trip to court and, more importantly, time to build your case.
Common Questions About Notices to Appear
Does getting an NTA mean I’ll be deported?
No. An NTA starts a court case, but it doesn’t decide it. You have the right to appear, respond to the charges, and, depending on your situation, apply for relief that could let you stay.
My NTA doesn’t have a hearing date on it. What do I do?
This is common. The court will mail a separate notice with the date and location once your case is scheduled. Talk to an attorney in the meantime, don’t wait for that second notice to start preparing.
Can I still work or travel while my case is pending?
It depends on your specific status and history. This is exactly the kind of question that needs a real answer from a lawyer who’s looked at your file, not a general one.
What if I already have a lawyer for my original application?
Immigration court is a different process than filing a benefit application, and it calls for a different kind of preparation. Make sure whoever represents you in court has real removal defense experience.
Our Job Is to Help You Understand What’s Next
At Winterberg Law Firm, we’ve sat across the table from a lot of families holding this exact piece of paper, wondering what it means. Our job is to read it with you, tell you honestly where you stand, and lay out what happens next — step by step, in plain English.
If you or someone you love has received a Notice to Appear, don’t wait for the next letter in the mail. Call our El Paso office today and let’s talk about your case.
Victoria Winterberg | Winterberg Law Firm | El Paso, TX
This blog post is for general information only and is not legal advice. Every immigration case is different — talk to an attorney about your specific situation.
