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 failed to appear in court, he will be deported in his absence. Once deported in absentia, he or she could not immigrate or adjust status unless his or her case is reopened on appeal.
Question: Why do aliens received 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 received 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 disregard the NTA and went underground?
Answer: The alien will be deported in absentia and the NTA will become an arrest warrant. Because of the 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, if all the appeals has 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
On January 25, 2011, received an approval of a self-petition by a battered spouse. Her entry with a different name was forgiven.
On December 23, 2010, we received an approval from the Immigration Court for a waiver of misrepresentation for an alien who entered as single but actually married.
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.
Abused spouse of US citizen or permanent residents can self petition even if there is a problem with the entry documents such as C or D visa or entry without inspection or assumed name.
Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened.
Bankruptcy news
You can be sued and collection efforts by creditors will continue while you are in debt settlement. It will take three to five years to complete a debt settlement with no guaranteed result. Any debt reduced in debt settlement is taxable.
Chapter 7 will eliminate all unsecured debts. If you are near retirement age, you must eliminate most of your debts.
Bankruptcy will stop foreclosure actions. If your trustee sale date is 10 days before, you can still file for bankruptcy.
If your salary is being garnished, you have a court case about debts or you are being harassed by creditors, bankruptcy can stop garnishment, court cases, harassing creditors and eliminate the debt.
Preserve your health, eliminate stress and live a happy life by eliminating your debts which is the root of all problems.
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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.
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