When you receive a Notice to Appear (NTA), it means a deportation or removal proceeding officially starts against you. NTA requires you to appear before an immigration judge in immigration court. Generally, you will receive a NTA in the following situations:
- You failed your I-589 asylum interview at USCIS and you have no legal status at the time of USCIS’s decision;
- USCIS denied your I-751 petition and no appeal filed or no necessary action taken;
- USCIS denied your I-829 petition and no appeal filed or no necessary action taken;
- Your refugee status has been terminated;
- Your asylum status or withholding of removal or deportation has been terminated;
- USCIS denied your I-485 application based on Nicaraguan and Central American Relief Act (NACARA) Section 202 and Haitian Refugee Immigration Fairness Act (HRIFA) ;
- You have been convicted of serious criminal offense or engaged in terrorism or espionage other activities involving national security; or
- USCIS intends to revoke or rescind your lawful permanent residence status.
When you attend a removal or deportation hearing before an immigration judge, it is advisable to have an experienced and knowledgeable deportation defense attorney to represent you.
Appeal to BIA
If your deportation or removal case was denied by an immigration judge, you can file an appeal to the Board of Immigration Appeals (BIA). Timely filing of appeal to BIA will suspend the removal order temporarily. Moreover, you will have additional 2-3 years to stay in the United States. In the additional 2-3 years, probably new evidence or new circumstances is available to you, which warrant your eligibility for a motion to reopen or motion to reconsider that brings you a gleam of hope for obtaining a green card eventually.