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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

Start here: (1) Note the Alien Registration Number (A-number) on the NTA and immediately look up the hearing date, time and location in EOIR's official system. (2) You must attend every hearing; if you miss one, you will usually be ordered removed in absentia. (3) Within 5 days of moving, file an EOIR-33 change of address with the court. (4) Keep the original NTA and its envelope, and have an attorney review it section by section as soon as possible.

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

DocumentIssued byWhat it means
Notice to Appear (NTA, I-862)DHS (ICE, CBP or USCIS)Charges you as removable or inadmissible and starts immigration court proceedings
Notice of HearingImmigration court (EOIR)Gives or changes the specific hearing date, time and location; a new one is sent each time the hearing is rescheduled
ICE check-in notice, order of supervisionICERequires you to report to an ICE office or comply with supervision conditions; this is separate from your court hearings, and you must comply with both
USCIS interview notice or request for evidenceUSCISRelates to an application you filed with USCIS; not a court proceeding

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)

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:

ProvisionGeneral meaning
INA 212(a)(6)(A)(i)Present in the U.S. without being admitted or paroled (common after entry without inspection)
INA 212(a)(7)(A)(i)(I)No valid immigrant visa or entry document when applying for admission
INA 237(a)(1)(B)Remained longer than permitted (overstay)
INA 237(a)(1)(C)(i)Failed to maintain the nonimmigrant status in which admitted (for example, a lapse in student or work status)
INA 237(a)(2)(A)(i), (ii)Crimes involving moral turpitude (subject to timing and number conditions)
INA 237(a)(2)(A)(iii)Conviction of an aggravated felony
INA 237(a)(2)(B)(i)Controlled substance conviction (with a limited exception for a small amount of marijuana for personal use)

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:

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:

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

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:

Keep in mind:

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).

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

Recent changes (verified as of October 11, 2026)

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

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

The hearing time on my NTA differs from what ACIS shows. Which one is correct?

Rely on the latest notice of hearing from the court and the information shown on ACIS. The time on the NTA may have been changed by the court. If you are still unsure, contact the court or your attorney to confirm; it is better to arrive early than to miss a hearing.

I can't find my case. Does that mean I don't have to go?

No. Your case may not show up because DHS has not yet filed the NTA with the court. Check regularly and make sure the court and DHS have your current address. Once your case appears in the system, you must appear as notified.

My NTA doesn't list a hearing time. Is the case invalid?

Generally, the case is not automatically invalid for that reason. Under the BIA's decision in Matter of Fernandes, this type of defect must be raised in a timely manner before the close of pleadings, and the judge may allow DHS to cure it. But the defect may affect how residence time is calculated for cancellation of removal, which needs specific analysis by an attorney.

I'm moving to another state soon. What happens to my case?

File EOIR-33 within 5 days of moving, and you can also have an attorney ask the court for a change of venue. Until the judge grants it, you must still appear as scheduled by the original court.

Do I have to hire an attorney before my first hearing?

It is not legally required, but the earlier the better. At the first hearing (the master calendar hearing), you may be asked to plead to the charges, and facts you admit are hard to withdraw later. If you do not yet have an attorney, you can ask the judge at the first hearing for time to find one.

Could I be arrested on the spot when I go to immigration court?

In recent years there has indeed been enforcement in or near immigration courts, and the risk varies by person and location. Not appearing leads to an in absentia removal order, which usually has more serious consequences. Consult an attorney before your hearing to assess your personal risk, ideally have an attorney appear with you, and make sure your family knows your hearing schedule and your attorney's contact information.

Only one person in my family received an NTA. What do the other family members need to do?

First confirm whether each family member has his or her own NTA and A-number; spouses and children are often included in cases separately or together. Each person with a case must look it up separately, appear separately and report address changes separately.

Official sources

Related reading

Received a Notice to Appear and not sure whether the charges are accurate or whether you have any relief available? Book an attorney consultation. We will first review your NTA, entry records and hearing schedule, then explain the possible options, deadlines and risks.

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.