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Tuesday, November 3, 2009

DO NOT: Ignore a Notice to Appear

Photo Credit: Jim Arbogast, Getty Images

A "Notice to Appear," also known as an NTA, is a document that the Department of Homeland Security uses to initiate an immigrant's removal from the United States.

An NTA is an extremely important document and should be handled with immense caution. If you receive an NTA, DO NOT ignore or disregard it:

"If you fail to attend the hearing at the time and place designated, or any date and time later directed by the Immigration Court, a removal order may be made by the immigration judge in your absence and you may be arrested by the INS [Immigration and Naturalization Service]," reads all official NTAs.

*If you are not sure whether or not you have been served an NTA, check out an example (pdf) of one.*

All NTAs serve to inform the alien of:
  • The nature of the hearing
  • The alleged immigration laws he/she has violated
  • Their right to be represented by an attorney
  • The consequences of missing a hearing
"[Penalties could include] imprisonment for up to 10 years for aliens who do not appear at hearings," according to the Department of Homeland Security.

Photo Credit: Tom Smart, Deseret News (Salt Lake City)

If you are served an NTA, there are a few things you need to do:
1. Do not ignore the NTA. Make sure that you appear (the earlier, the better) at your scheduled hearing. Some judges, especially in Miami, Florida, will not hesitate to put out a removal order.

2. Do not panic. This notice constitutes information. It does not necessarily mean that you will be deported.

3. Immediately consult an immigration lawyer.
- Do not let anyone, including an immigration officer, convince you that you do not need a lawyer and that you can represent yourself.
- Colleges and universities nationwide have legal programs, such as the University of Miami, and are a good starting point for free referrals.
- Even if you cannot afford a lawyer, a list of local pro-bono lawyer can be found just by performing a Google search.

4. Be aware of your options and your consequences. You most certainly do not want to end up in a detention center, like Krome in Miami. Do not think, "It won't happen to me"--it can. Keep in mind the recent story of the father, whose Marine son is serving in Afghanistan, suffering from lung cancer who was held at Krome for 11 days and is awaiting deportation.

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