Question: What is a Notice to Appear (NTA)?
Answer: An NTA is a charging document stating that the alien must appear before an immigration court to answer allegations of removability or deportability. It has the same effect of a warrant of arrest wherein the alien is required to appear in court. If the alien fails to appear in court, he will be deported in his absence. Once deported in absentia, he or she cannot immigrate or adjust status unless his or her case is reopened on appeal.
Question: Why do aliens receive a Notice to Appear?
Answer: An NTA is issued because the USCIS or the USICE found the alien deportable by having no valid immigration status, committed fraud, denied or did not appear in the interview for adjustment of status or naturalization, or committed a felony.
Question: What should I do if I receive an NTA?
Answer: The first thing to do is to consult with an experienced immigration attorney who will discuss with you the options and the whole strategy from the beginning to the end of the removal proceedings. You may qualify for any of the following options: (1) filing for asylum, (2) cancellation of removal, (3) waiver of inadmissibility or (4) adjustment of status. If these options are not available, they may be available at a future date. If you have no immediate relief at this time, it is still preferable to attend the immigration hearing and apply for voluntary departure so that in the future when you have a chance, you can immigrate without a record of being deported.
Question: What happen if the alien disregards the NTA and goes underground?
Answer: The alien will be deported in absentia and the NTA will become an arrest warrant. Because of modern technology, USICE will easily find the alien to deport him or her.
Question: What is the advantage of appearing in removal proceedings?
Answer: The number one advantage is that it will prolong your stay in the United States. Even if the alien has limited relief, and if all the appeals have been exhausted, the removal of this alien will take at least three years. During this period the alien can save some money to bring home.
Note: This is not a legal advice.
Immigration news
USCIS filing fees will increase by about 10% effective November 23, 2010.
The Ninth Circuit Court decided that the death of a US citizen parent will not be a hindrance to seek waiver of misrepresentation.
On March 17, 2010 we received an approval in Immigration Court of adjustment of status for a conditional residence whose status was terminated before. When a conditional residence is terminated the USCIS will refer the alien to removal proceedings.
On January 5, 2010, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
On Dec. 7, 2009, our client, Ms. E, was approved for a waiver of misrepresentation in the Immigration Court. In another case, on October 29, 2009, our request for waiver of misrepresentation for entering as single but actually married for our client, Mr. D, in Fresno, CA was approved by the Immigration Judge.
Tips of the week
Petitioner’s death is not a problem if the beneficiary is in the US when the petitioner died and at the time of adjustment of status.
Abused spouse of US citizen or permanent residents can self petition even if there is a problem with their passport and entry documents.
Denied I-751 application to remove condition on residence may be renewed in Immigration Court.
Income tax filing is required in the proposed legalization. Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened. It is also needed by employers to charge to expense payment for contractual job. Our office assists clients in obtaining ITIN.
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Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. His offices are located at 17057 Bellflower Blvd. Suite 205, Bellflower, CA 90706 and 1290 B Street, Suite 205, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone (562) 461-1355 and (510) 538-7188.
(Published November 12, 2010 Asian Journal Publication Northern California P.B2)
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