Introduction
As the parent of an immigrant or a person residing in the U.S. illegally who receives a Notice to Appear (NTA) for removal proceedings, you may very well be feeling stressed and scared for the future of your child. If you are facing removal, there is much that you do not know. A Guide to Removal Proceedings can be a huge relief to inform you of your rights and to walk you through the legal process that is facing you.
This Guide serves to illuminate the removal proceedings process that individuals face when they receive a NTA for removal proceedings. Information and knowledge of the process can ease much of the fear and anxiety that you are feeling as you begin to prepare for your removal proceedings. Understanding the process and the rights that you have will better prepare you for what is to come in your proceedings.
Define the Notice to Appear (NTA)
In our last immigration update we reviewed the difficult process that an immigrant faces when he or she is served with an NTA notice to appear in removal proceedings. The NTA notice to appear alerts an immigrant that he or she is subject to removal from the United States and sets in motion the process of removal with the potential of serious consequences for an immigrant’s future in the U.S., to say the least.
DHS has made numerous changes in policy and practice regarding the issuance of NTA notices to appear in removal proceedings, including cases that allege fraud or other criminal activity. Annually approximately 196,600 NTAs are issued in order to initiate removal proceedings before DHS and the immigration courts.
An NTA to begin removal proceedings may have very serious consequences for you and your family. According to information available on the matter, in 2018 there were 196,600 NTAs issued in order to begin removal proceedings against the NTA recipient. If the recipient of an NTA fails to appear at a removal hearing there is a strong chance that the recipient will be removed from the country and/or be subject to a final removal order while outside of the country. As stated above, there are several actions and/or decisions that may lead to a removal order while the individual is outside of the country, but appearing at the required hearings and obtaining an experienced immigration attorney as soon as possible will be your best option in attempting to receive the safest possible outcome. Receiving an NTA is a critical point in time for any individual who is an undocumented immigrant. It is of the utmost importance that you act as quickly as possible in order to protect your own interests. Remember that you have the right to remain silent and it is wise to obtain the advice of an experienced immigration attorney prior to any correspondence and/or hearings in relation to the NTA.
At Vasquez Law Firm, we are available 24 hours a day, 7 days a week to provide you with the best immigration law assistance. Our immigration attorneys have many years of experience and are determined to protect your rights. To learn more about your situation and your options, contact us today for a free consultation with an experienced attorney and let us start working to protect your future.
Identify Common Reasons for Receiving an NTA
The nta notice to appear in immigration court can be an especially frightening issue in an immigrant’s life. To assist in clarifying the general reasons why an nta notice to appear might be issued by immigration authorities for persons with matters currently pending in immigration proceedings, below are listed out several of the many reasons why an individual with matters currently pending might receive an NTA notice to appear.
- Overstaying your Visa: Receiving an nta notice to appear can be stressful and pose additional challenges in an individual’s immigration journey. It makes an individual out of status while in the US and can present complications for persons who travel outside of the country after a denial of their immigration application or petition. Generally, USCIS issues an nta notice to appear after a denial of an application or petition even when the individual has departed the US and would have to reenter the country in the future.
Attempting to enter or reenter the U.S. without proper documentation: Individuals found attempting to illegally enter the U.S. are often served with an NTA notice to appear in Removal Proceedings by a U.S. Border Patrol Officer or an Immigration and Customs Enforcement (ICE) Agent at the time of attempted entry. - Violating Conditions of a Visa: Persons on visas who attempt to conduct activities while in the US on a visa that does not permit such conduct (such as work) shall be placed in removal proceedings. Such persons can receive an nta notice to appear while inside the United States.
- Criminal Activity: The mere fact that one was charged with a crime, whether or not one was found guilty, can result in an individual’s issuance of an NTA and placement into removal proceedings. In most such cases, an individual with such convictions will be subject to deportation from the United States.
- Fraud or Misrepresentation: Other reasons an individual can receive an nta notice to appear are because of acts of fraud or misrepresentation in connection with any immigration benefit, application, or petition. These actions will subject the individual to be found to be and be removed from the United States because of their actions in attempting to obtain immigration benefits by engaging in unlawful conduct.
The reason you were placed in removal proceedings in the first place will greatly affect your proceedings in Immigration Court. A number of these reasons can be alleviated or even entirely removed if you understand your rights and how to apply for relief from removal. Remember that you have the right to remain silent during your proceedings, that you have the right to an attorney, and that you do not have to sign any documents that your attorney advises against. If you have been served with an NTA notice to appear or are facing a judicial emergency (such as a raid by ICE or arrest for a criminal activity), contact Vasquez Law Firm. Vasquez Law Firm is available 24 hours a day, 7 days a week to provide prompt representation to protect your rights and freedom. The key to your immigration proceedings is to know the reasons behind the NTA notice to appear that was issued against you in the first place. This knowledge will be key to your future and will assist you in planning to apply for relief from removal in your immigration proceedings.
Outline Steps to Take After Receiving an NTA
Receiving an NTA notice to appear can be a very stressful and intense experience, however there are many things that you can do to ensure that you are taking care of yourself and that you are in the best position to take on your immigration case. Below are some things to do in order to protect your rights and to prepare yourself for your upcoming immigration hearing.
- Do Not Panic: The NTA does NOT mean that you automatically will be deported. Even in situations where individuals receive an NTA that are later dismissed by both the individual’s and government’s best interest in terminating proceedings.
- Read your NTA carefully and make sure you understand the charges against you and your court date: We go over this step in detail here.
- Documentation, Documentation, Documentation: It is very important that you gather any documentation that supports your case. These are items such as proof of U.S. residency, employment documents, school documents, and documents that establish ties to family members currently residing within the U.S. If you have any documentation that could possibly support your case, then bring it along.
- Seek Legal Assistance: Do not go through removal proceedings alone. You have the right to seek and be represented by an immigration attorney. Studies have shown that in removal proceedings 83% of immigrants appear at their hearings and are represented by an attorney. Only 17% of immigrants do not appear at their hearings. If you are represented by an attorney there is a 10.5% chance that you will prevail in your removal proceedings. Contacting an attorney is the first step to assist you with your removal proceedings and to protect your rights throughout the proceedings.
- Prepare for the Hearing: You will have the opportunity to present your defense along with your attorney in immigration court. Your attorney will help gather any additional evidence, witnesses, or documentation that is necessary in advance of your hearing as well as clearly explain your rights and responsibilities prior to and during your removal hearing.
- Attend All Hearings: Attending all hearings is critical to your case. If you do not attend your removal hearings, you will be subject to an in absentia removal order and be deported. You will not have anyone to present your case. Only 17% of immigrants fail to attend their immigration hearings. This percentage is so low because the vast majority of immigrants attend their hearings (83%). Do not take any chances and attend every hearing.
Follow these steps after having received an NTA notice to appear to ensure the best possible outcome and to manage your case and stay within your rights throughout the whole immigration process.
Explain Your Rights During Removal Proceedings
Understanding the basic rights that an individual and his or her family has during removal proceedings can ease the burden to tackle an arduous process and can arm an individual to his or her full potential in order to seek a fair and just outcome to protect his or her future and the future of his or her loved ones and family members here in the U.S. The rights of an individual in removal proceedings are detailed below in order to an individual become aware of the said rights to face removal proceedings accordingly.
- Right to Legal Representation: You have the right to be represented by an attorney during your removal proceedings. It is highly recommended that you have an attorney in your corner during removal proceedings. About 59% of deportation proceedings are represented by an attorney, and for good reason! Many individuals try to defend themselves against deportation, but end up in a worse situation than when they started.
- Right to a Fair Hearing: A person has the right to be put before an Immigration Judge and given the chance to present a case for reasons why he/she should not be removed from the country.
- Right to Present Evidence: A person has the right to present evidence such as documents and/or witnesses to attempt to prove a case before Immigration Court. He or she will also be able to argue the case before the court.
- Right to Appeal: The right to appeal a negative immigration decision. After a negative immigration judge makes a decision in a case, it can be appealed to the Board of Immigration Appeals (BIA). Generally, an appeal must be filed within 10 days of the date of the judge’s decision.
- Right to Remain Silent: Even though you may be questioned by an immigration official at any time, you are not required to answer any of their questions. You should seek the advice and representation of an attorney as soon as possible. It is common for individuals to unintentionally self-incriminate during questioning by an official.
Understanding your rights is key to the fight to save your future and the future of your loved ones.
Highlight the Importance of Legal Representation
The Vasquez Law Firm has over 30 years of knowledge and experience with complex immigration laws that govern removal proceedings. We have helped over 30,000 individuals including Hispanic families with their immigration cases and have a 98% success rate with our clients. Many of our clients are going through deportation proceedings and are in need of expert legal guidance through the process and are searching for hope.
- Expert Guidance: At Vasquez Law Firm we have spent the last 30 years learning about the ever-changing complex of laws regarding deportation proceedings. With a 98% success rate for our clients with cases similar to yours, we can make sure you are up to speed on your rights and options throughout the deportation proceedings.
- Higher Probability of Success: Having a lawyer can make a huge difference. Rather than just being another case number to Immigration Court, you and your case will receive the individualized attention and diligent efforts of your lawyer to achieve the very best possible results in your case. In fact, a large study of removal proceedings found that individuals with representation were nearly 5 times as likely to prevail as those proceeding without an attorney. Vasquez Law Firm has over 30,000 cases of experience helping families such as yours achieve the best possible results in immigration proceedings and can bring that same knowledge, expertise and passion to your case.
- Emotional Support: Although it is typically expected that deportation affects only the person who is subject to removal, the process can bring much stress on all family members and even extended family members. At Vasquez Law, we do not merely represent the subject of removal. We offer support to the entire family, including children and the extended family. There is nothing better than knowing that someone is there to listen to you and can help comfort your fears when you are unsure as to the fate of your loved ones. We know the stress and concerns that face the Hispanic families we serve, and we are here to assist you.
- Developing a Strategic Defense: In order to be able to successfully defend a removal proceeding, it is very important to have the best attorney for your specific situation. Our staff of lawyers at Vasquez Law Firm have the many years of experience and the skill in order to be able to help you and your family achieve the best results for your specific situation. Additionally, our legal staff at Vasquez Law Firm is able to make your legal representation as accessible as possible. We have free initial consultations and are able to work with you and your family in order to set up a payment plan that fits within your family’s budget. At Vasquez Law Firm, our bilingual legal staff is able to assist you and your family 24 hours a day, 7 days a week. Our bilingual staff at Vasquez Law Firm is dedicated to being able to assist you and your family in achieving justice and peace of mind. Our staff at Vasquez Law Firm is able to assist you and your family in your preferred language.
Being represented by an attorney has been proven to lead to better outcomes in removal proceedings regardless of the fact that the individual has been detained or where their proceedings are being held. (Source: American Immigration Council)
At Vasquez Law Firm, we are your justice partner and your peace of mind. Our bilingual staff is available 24 hours a day, 7 days a week to assist you.
Conclusion
It is normal for a NTA to make you worried about yourself and your family members. However, it is very important to know that you, and your immigration attorney, can protect your rights and best interests during your removal proceedings.
Don’t allow NTA proceedings to overwhelm you and your family. As proceedings unfold, it is important to know how best to approach required steps and hearings. Gather required documents to attend scheduled hearings as well as keep yourself reminded of your rights to a fair hearing, to submit evidence, and to defend yourself with competent representation. We are here to assist you with your qualified immigration defense.
Your future is worth protecting. Removal proceedings can be a very difficult and trying time for you and your loved ones. Make sure you are protecting your rights during this time. The Vasquez Law Firm has many years of experience with removal proceedings and has defended many clients and their families. Our staff are fluent in English and Spanish and will treat you with the utmost respect and compassion. Don’t let the fear of immigration removal proceedings control your life any longer. Contact an experienced immigration attorney today to schedule a consultation to discuss your removal proceedings and how we can assist you in reaching a favorable outcome.
Frequently Asked Questions
What is a Notice to Appear (NTA) in immigration proceedings?
A Notice to Appear (NTA) is a document that informs an immigrant that they are subject to removal from the United States and initiates the removal process. It can have serious consequences for the immigrant's future in the U.S.
How many NTAs are issued annually?
Approximately 196,600 NTAs are issued each year to initiate removal proceedings before the Department of Homeland Security (DHS) and immigration courts.
What happens if someone fails to appear at a removal hearing after receiving an NTA?
If the recipient of an NTA fails to appear at their removal hearing, there is a strong chance they will be removed from the country and may receive a final removal order while outside the U.S.
What are some common reasons for receiving an NTA?
Common reasons for receiving an NTA include:
- Overstaying a visa
- Attempting to enter or reenter the U.S. without proper documentation
- Violating conditions of a visa
- Criminal activity, including being charged with a crime
- Fraud or misrepresentation in connection with immigration benefits
What should someone do if they receive an NTA?
It is crucial to act quickly to protect one's interests. Individuals should seek the advice of an experienced immigration attorney before any correspondence or hearings related to the NTA.
What rights do individuals have when facing removal proceedings?
Individuals have the right to remain silent, the right to an attorney, and they do not have to sign any documents that their attorney advises against.
How can Vasquez Law Firm assist individuals who have received an NTA?
Vasquez Law Firm offers 24/7 availability for urgent legal matters, free consultations, and experienced immigration attorneys who can help protect rights and navigate the removal proceedings.
List of Sources
- Define the Notice to Appear (NTA)
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- DHS Sets the Stage for Another Historic, Record-Breaking Year Under President Trump | Homeland Security (https://dhs.gov/news/2026/01/20/dhs-sets-stage-another-historic-record-breaking-year-under-president-trump)
- USCIS Expands Role in Initiating Removal Proceedings, With Exception for Most Employment-Based Petitions (https://fragomen.com/insights/united-states-uscis-expands-role-in-initiating-removal-proceedings-with-exception-for-most-employment-based-petitions.html)
- Custody and Transfer Statistics (https://cbp.gov/newsroom/stats/custody-and-transfer-statistics)
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- Identify Common Reasons for Receiving an NTA
- New federal crackdown on those who overstay visas (https://kptv.com/video/2025/06/05/new-federal-crackdown-those-who-overstay-visas)
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- Outline Steps to Take After Receiving an NTA
- 11 Years of Government Data Reveal That Immigrants Do Show Up for Court - American Immigration Council (https://americanimmigrationcouncil.org/press-release/11-years-government-data-reveal-immigrants-do-show-court)
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- Study: detained immigrants 5.5x more likely to prevail with lawyer (https://civilrighttocounsel.org/major_developments/study-detained-immigrants-5-5x-more-likely-to-prevail-with-lawyer)
- Explain Your Rights During Removal Proceedings
- Federal Court Blocks Significant Pieces of Administration’s Sweeping Immigration Appeals Rule That Eliminates Meaningful Judicial Review (https://democracyforward.org/news/press-releases/federal-court-blocks-significant-pieces-of-administrations-sweeping-immigration-appeals-rule-that-eliminates-meaningful-judicial-review)
- Immigration Court Legal Representation Dashboard (https://vera.org/ending-mass-incarceration/reducing-incarceration/detention-of-immigrants/advancing-universal-representation-initiative/immigration-court-legal-representation-dashboard)
- USCIS Initiates Removal Proceedings Against 26,000 Aliens Since February | USCIS (https://uscis.gov/newsroom/news-releases/uscis-initiates-removal-proceedings-against-26000-aliens-since-february)
- Critical New Changes to the Immigration Appeals Process | Immigrant Legal Resource Center | ILRC (https://ilrc.org/community-resources/critical-new-changes-immigration-appeals-process)
- DOJ Moves to End Administrative Immigration Appeals to Speed Up Mass Deportations - American Immigration Council (https://americanimmigrationcouncil.org/blog/justice-departments-end-immigration-appeals-deportations)
- Highlight the Importance of Legal Representation
- Why Immigrants Need Access to Legal Counsel (https://immigrantjustice.org/issues/immigrants-need-access-to-counsel)
- Where Can You Win in Immigration Court? - American Immigration Council (https://americanimmigrationcouncil.org/report/immigration-court)
- Report: Access to Lawyers is Critical for Immigrants (https://americanimmigrationcouncil.org/press-release/report-access-lawyers-protection-deportation-immigrants)
- Immigration Court Legal Representation Dashboard (https://vera.org/ending-mass-incarceration/reducing-incarceration/detention-of-immigrants/advancing-universal-representation-initiative/immigration-court-legal-representation-dashboard)
- The Importance of Legal Representation in Immigration Court (https://jmolina.law/the-importance-of-legal-representationinimmigrationcourt)
