If USCIS Sends You To Deportation Court, Do THIS!

Getting a Notice to Appear (NTA) while your green card application is still pending can be scary. You might think having an open case with USCIS protects you from deportation, but that’s not always true. Even people with pending or approved family petitions can end up in immigration court.

The good news is that getting an NTA doesn’t automatically mean you’ll be deported. You still have the right to fight your case, and there may be ways for you to stay in the United States.

Here’s why you might get an NTA, what happens to your pending immigration case, and what you can do next.

What An NTA Means

A Notice to Appear (NTA) is an official document that tells you the government is starting deportation proceedings against you. This means your case is being sent to immigration court, where a judge will decide whether you can stay in the United States.

Getting an NTA doesn’t mean you’ll automatically be deported. You still have the right to defend yourself in court. Depending on your situation, you may qualify for a green card or other protections that allow you to stay in the country.

What To Do First

If you get a Notice to Appear (NTA), don’t ignore it. First, find out when and where your immigration court hearing will take place. The date on your NTA might not be your actual court date. The court will usually send a separate Notice of Hearing with this information.

You can also check your court date through the EOIR Automated Case Information System. Just enter the A-Number listed on your NTA. If your case doesn’t show up, keep checking for updates. Also, make sure the court has your current address.

You must attend every scheduled court hearing unless the court tells you otherwise. If you miss a hearing, the judge could order you deported without you being there. This is called an in absentia removal order, and it can be hard to reverse.

You should also contact an immigration lawyer as soon as possible. They can review your case, explain your options, and help you prepare for court.

If you don’t have a lawyer by your first hearing, you can ask the judge for more time to find one. You may also be able to attend your hearing online if the court allows it. Otherwise, you must appear in person.

How To Fight Back

Getting a Notice to Appear (NTA) doesn’t mean you’re out of options. Depending on your situation, there may be several ways to fight deportation and stay in the United States.

Cancellation of Removal: If you’ve lived in the U.S. for at least 10 years and have good moral character, you may qualify for a green card. You must also have a U.S. citizen or green card holder spouse, parent, or child who would face exceptional and extremely unusual hardship if you were deported. Other eligibility rules apply.

VAWA Cancellation of Removal: If you’ve experienced abuse from a qualifying U.S. citizen or green card holder spouse, you may qualify for protection. You generally need to have lived in the U.S. for at least three years, have good moral character, and show that deportation would cause extreme hardship to you or your child. You may also be able to pursue a separate VAWA petition through USCIS.

Marriage-Based Green Card: If you’re married to a U.S. citizen or green card holder, you may still be able to get your green card through immigration court. USCIS can continue reviewing your Form I-130 while the judge decides your Form I-485. However, an approved I-130 doesn’t guarantee you’ll get a green card. If you married after your court case started, you may need stronger proof that your marriage is genuine.

Defensive Asylum: If you fear persecution in your home country, you may be able to apply for asylum in immigration court. You must show that your fear is connected to your race, religion, nationality, political opinion, or membership in a particular social group. Asylum generally has a one-year filing deadline, although exceptions may apply.

Withholding of Removal and CAT Protection: Even if you don’t qualify for asylum, you may still qualify for protection if you face persecution or torture in your home country. These protections can prevent deportation to that country, but they don’t directly lead to a green card.

Get Help With A Notice To Appear In Your Immigration Case

If you’ve received a Notice to Appear while your green card case is still pending, you may be worried about deportation. But getting an NTA doesn’t automatically mean you’ll have to leave the country. You may still have ways to fight your case.

I’m Moumita Rahman and I’ve spent the past 16 years helping immigrants fight deportation and navigate immigration court. If you’ve received an NTA and aren’t sure what to do next, my team and I can help you understand your options.

Call us today at 212-248-7907 to discuss your situation and learn what immigration options may be available to you.

Disclaimer: This article is for general informational purposes only and does not create an attorney-client relationship. Every immigration case is different. Speak with an experienced immigration attorney before making decisions about your case.