What to do if you receive a Notice to Appear (NTA)Notice to Appear (Form I-862): what to do

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

A Notice to Appear (NTA, Form I-862) is a document issued by the Department of Homeland Security (DHS) notifying you that you are charged as removable or inadmissible and requiring you to appear for a hearing in immigration court. It is the starting point of removal proceedings. An NTA may be issued by U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), or U.S. Citizenship and Immigration Services (USCIS) — for example, after an asylum application is referred or another application is denied.

An NTA is not a judgment and not a removal order. It is DHS's "charging document": DHS makes the charges, and at later hearings the Immigration Judge decides whether the charges are sustained and whether you can obtain relief that allows you to remain in the United States. The weeks after you receive an NTA are the most important time to organize your documents, understand your options and hire an attorney.

How an NTA differs from other notices

What each section of the NTA means

INA 239(a)(1) sets out what an NTA must contain. When you receive an NTA, check it section by section:

1. Personal information and A-number

At the top are your name, nationality, date of birth and Alien Registration Number (A-number, usually 9 digits, beginning with A). Your A-number is used to look up your case and on every document you file from then on. If your name is misspelled or your date of birth is wrong, tell your attorney so it can be corrected at the hearing.

2. Status category (three checkboxes)

• "You are an arriving alien": usually a person stopped at a port of entry;
• "You are an alien present in the United States who has not been admitted or paroled": usually a person who entered without inspection;
• "You have been admitted to the United States, but are removable for the reasons stated below": usually a person who entered lawfully and then overstayed or fell out of status, or a green card holder charged because of criminal issues.

Which box is checked affects whether INA 212 (grounds of inadmissibility) or INA 237 (grounds of deportability) applies, and also affects the burden of proof: for a person who has been admitted, DHS must prove removability by clear and convincing evidence (INA 240(c)(3)); for an applicant for admission, the respondent must prove that he or she is entitled to be admitted or is lawfully present (INA 240(c)(2)).

3. Factual allegations

A numbered list of factual statements, for example: "1. You are not a citizen or national of the United States; 2. You are a native and citizen of China; 3. You were admitted at [port] on [date] as a B-2 visitor; 4. You were authorized to remain until [date]; 5. You remained beyond the authorized period." At the hearing, the judge will ask you to admit or deny each one. Check every allegation against what actually happened and against your entry records — mistakes in dates, manner of entry or status category are not unusual.

4. Charges

The legal provisions listed after "On the basis of the foregoing, it is charged that you are subject to removal…" are the legal grounds on which DHS says you are removable. Common examples:

Whether a charge can be sustained is a legal question. Charges based on criminal convictions in particular require obtaining the complete criminal court record and analyzing it element by element; see Criminal records and immigration consequences.

5. Hearing date and location

An NTA usually states the immigration court's address and the date and time of the first hearing. Note:

• Some NTAs say "to be set" or give a clearly unreasonable time (for example, the middle of the night or a weekend); the court will then send a separate notice of the hearing time;
• The time on the NTA may already have been changed by the court; always rely on the latest information shown in EOIR's system;
• By law, the first hearing generally may not be scheduled earlier than 10 days after the NTA is served, so you have time to hire an attorney (INA 239(b)(1)); you can waive this period in writing, but there is usually no need to.

6. Advisals and certificate of service

The back or later pages of the NTA contain advisals to the respondent: that you may hire an attorney at your own expense, that you must report changes of address, the consequences of failing to appear, and so on. The last page is the Certificate of Service, recording whether the NTA was handed to you in person or mailed, and on what date. The date of service matters for questions such as calculating the residence period for cancellation of removal.

NTA defects: Pereira, Niz-Chavez and later rules

In earlier years, DHS issued many NTAs that did not state the hearing time and place, with the court mailing a separate notice of hearing later. The U.S. Supreme Court then issued two important decisions:

• Pereira v. Sessions (2018): An NTA that does not state the time and place of the hearing does not trigger the "stop-time rule" for cancellation of removal (INA 240A(d)(1)), so it does not cut off the period of continuous residence.
• Niz-Chavez v. Garland (2021): An NTA must be a single document containing all of the required information; an incomplete NTA followed by a separately mailed notice of hearing cannot be combined and treated as a valid NTA.

But these two decisions do not mean that a defective NTA automatically voids the case:

• Matter of Fernandes (BIA 2022): The BIA held that the NTA's time-and-place requirement is a "claim-processing rule," not a jurisdictional requirement. The respondent must object before the close of pleadings or the objection is waived; even if the objection is timely, the judge may allow DHS to cure the defect rather than necessarily terminating proceedings.
• Matter of Lopez-Ticas, 29 I&N Dec. 90 (BIA 2025): An NTA's lack of the hearing time and place does not make admissions already made untrue and is not a basis for withdrawing pleadings; an objection raised only after the close of pleadings is waived.
• Matter of Lopez-Orellana, 29 I&N Dec. 533 (BIA 2026): Objecting to an NTA defect is up to the respondent; the judge should not raise it on the respondent's behalf, and an objection not timely raised is waived. When the respondent fails to appear, as long as the respondent is removable and received proper notice of the hearing that was missed, the judge should enter an in absentia order rather than terminate proceedings.
• Campos-Chaves v. Garland (2024): A respondent who received a proper notice of hearing for the hearing that was missed cannot rescind the in absentia removal order solely because the original NTA was defective.

So whether an NTA is defective, and what that defect can achieve, are questions for an attorney to assess before the first pleading. The most common practical use is determining whether the 10 years (or 7 years for green card holders) required for cancellation of removal have been cut off; see EOIR-42B and EOIR-42A.

How to look up your case

EOIR offers two free official ways to look up a case; both require your A-number:

• EOIR Automated Case Information (ACIS) website: acis.eoir.justice.gov shows the date and time of your next hearing, the court address and the judge, the judge's decision, and the status of any BIA appeal.
• Automated case information hotline: 1-800-898-7180 (TDD 1-800-828-1120); follow the voice menu and enter your A-number. Menus are available in English and Spanish.

Keep in mind:

• Not finding your case does not mean there is no case. DHS may not have filed the NTA with the court yet; the immigration court's jurisdiction begins when the NTA is filed with the court (8 CFR 1003.14(a)). Check regularly, and do not assume your case was cancelled just because it does not show up yet.
• The hotline generally does not show the status of bond hearings and motions; you will need to learn about them through your attorney or the court record.
• Take screenshots or note the date of the information you find. If several family members each have an A-number, look up each one separately.
• Be wary of unofficial channels online or on social media that claim they can "look up" or "get your case dismissed."

Changing your address: EOIR-33 and other notices

The immigration court mails hearing notices only to the address in its records. Under 8 CFR 1003.15(d)(2), you must, within 5 days of a change of address or phone number, notify the immigration court (or the BIA, if the case is before the BIA) on EOIR-33, and serve a copy on the DHS attorneys (ICE's Office of the Principal Legal Advisor, OPLA).

• Each family member with an A-number must file separately;
• Reporting your address to the court does not notify ICE or USCIS. If you have ICE check-in requirements, update ICE separately as ICE requires; address changes with USCIS are made through AR-11 (INA 265 generally requires this within 10 days);
• Moving far away does not automatically transfer your case. Until the judge grants a change of venue, you must still appear at the original court;
• If the court mailed a hearing notice to the last address you reported, you may be ordered removed in absentia even if you never actually received it.

Attorney appearance: EOIR-28

You have the right to be represented by an attorney in immigration court, but at your own expense; the government does not appoint free counsel (INA 240(b)(4)(A), INA 292). After taking the case, the attorney must be registered with EOIR and enter an appearance as your representative with the immigration court on EOIR-28; if the case is appealed to the BIA, EOIR-27 is used instead. Once the appearance is entered, documents from the court and DHS are served on the attorney. The court also provides a list of local free or low-cost legal service providers, which can be found on EOIR's website.

When choosing an attorney, you can ask about their EOIR registration, the state(s) where they are licensed, whether they can appear in person or remotely, and the scope of services and fees.

EOIR's electronic system (ECAS)

The EOIR Courts & Appeals System (ECAS) is the electronic case system for the immigration courts and the BIA. In electronic cases, attorneys and accredited representatives use ECAS to file documents online, view the electronic record of proceedings and receive court notices. Respondents without an attorney can use EOIR's Respondent Access portal to view case information and file certain documents; availability is as published by EOIR. When you have an attorney, the attorney generally handles all filings to avoid duplicates or omissions.

Consequences of not appearing

• In absentia removal order: If notice was provided as required by law to the last address you reported, and DHS proves by clear, unequivocal and convincing evidence that you are removable, the judge will order you removed in your absence (INA 240(b)(5)(A)).
• Rescission is difficult: An in absentia order generally can only be rescinded through a motion to reopen filed within 180 days based on "exceptional circumstances" (such as serious illness of the respondent or a close relative), or by showing that you did not receive the notice required by law or were in custody and unable to appear (INA 240(b)(5)(C)). See In absentia orders and motions to reopen.
• Ineligibility for many forms of relief for 10 years: A person who received the required advisals and fails to appear without good reason may, under certain conditions, be barred for 10 years from relief such as cancellation of removal, voluntary departure and adjustment of status (INA 240(b)(7)).
• Reentry bars: Leaving the U.S. after failing to appear without good reason may make you inadmissible for 5 years (INA 212(a)(6)(B)); leaving after a removal order also triggers reentry bars.
• Arrest: A person with a removal order may be arrested by ICE and removed; see Existing removal orders and ICE check-ins.

Recent changes (verified as of October 11, 2026)

• USCIS issuing NTAs more broadly: In February 2025, USCIS issued a new NTA policy memorandum, and the situations in which it issues NTAs when an application is denied and the applicant lacks lawful status have increased significantly. Before filing any application with USCIS, it is best to assess the risk of being placed in court proceedings if it is denied.
• Enforcement in and around courts: In 2025, EOIR rescinded its internal policy limiting enforcement in or near immigration courts. In practice, DHS attorneys have orally moved in court to dismiss proceedings, after which ICE made arrests and pursued expedited removal instead; related litigation is ongoing. In June 2026, the U.S. Court of Appeals for the D.C. Circuit allowed DHS to resume enforcing the expanded expedited removal policy. This makes it even more important to have an attorney with you in court and to object on the record when DHS moves to dismiss; but not appearing is not a solution — the consequences of missing court are usually more serious.
• Alien registration requirement: Since April 2025, DHS has required certain unregistered noncitizens to register through G-325R. People who have been issued an NTA usually already have a registration record; consult an attorney before deciding whether anything further is needed.
• New court fees: H.R. 1, signed in July 2025, added statutory fees for a number of applications, motions and appeals in immigration court, and EOIR issued a corresponding interim final rule in June 2026; check EOIR's current published amounts.
• Self-departure arrangement: DHS's "CBP Home" self-departure arrangement is not the same as voluntary departure granted by an Immigration Judge. Leaving on your own while a court case is pending may result in an in absentia removal order and trigger reentry bars; consult an attorney before you leave.

Next steps

1. Look up your case: Use your A-number on ACIS to find the hearing time and court, and note the judge's name.
2. Gather documents: The original NTA and envelope, your passport and all visas, I-94 entry records, past immigration applications and notices, green card or work permit, all arrest and court records, and proof of status of family members in the U.S.
3. Check your address: Confirm that the address in the court's records is correct; if you moved recently, file EOIR-33 immediately.
4. Consult an attorney: Have an attorney check each factual allegation and charge, determine whether the NTA is defective, whether any relief is available, and what deadlines apply (for example, the one-year asylum deadline).
5. Obtain your records: When needed, request your immigration file and court records under the Freedom of Information Act (FOIA) to confirm past applications and entry records.
6. Prepare for the master calendar hearing: Your attorney files EOIR-28 and prepares the pleadings; see Master calendar and individual hearings.

How we can help

• Review the NTA section by section, checking the factual allegations, charges and service, and determine whether there are defects that can be raised and when to raise them;
• Request USCIS, CBP, ICE and EOIR files and court records through FOIA;
• Evaluate available relief, such as asylum, cancellation of removal, adjustment of status in court and voluntary departure, and explain the requirements and risks of each;
• File EOIR-28 and represent you at master calendar and individual hearings; represent detained family members at bond hearings;
• Where the case already has an in absentia removal order, evaluate a motion to reopen and other options.

We can represent clients before immigration courts nationwide; whether remote appearance is allowed is up to the court and the judge. We do not guarantee case outcomes.

Frequently asked questions

Official sources

• EOIR Automated Case Information (ACIS)
• EOIR Policy Manual
• EOIR forms page (EOIR-28, EOIR-33, etc.)
• 8 U.S.C. 1229 (INA 239, Notice to Appear)
• 8 U.S.C. 1229a (INA 240, removal proceedings)
• Federal regulations, 8 CFR Part 1003 (including 1003.14 and 1003.15)
• U.S. Department of Justice, Executive Office for Immigration Review (EOIR)

Related reading

• Master calendar and individual hearings: process, pleadings and deadlines
• Forms of relief in immigration court
• In absentia orders and motions to reopen
• Detention and bond
• Form EOIR-33 guide: change of address

Related case law: Pereira v. Sessions, Niz-Chavez v. Garland, Campos-Chaves v. Garland

This page is general information, not legal advice. Immigration court procedures and policies change quickly, and outcomes depend on the specific facts. If you have received a Notice to Appear or a family member has been detained, consult an attorney as soon as possible.