For non-U.S. citizens living in New Jersey, receiving a Notice to Appear (NTA) from U.S. Citizenship and Immigration Services (USCIS) is a very serious matter. As USCIS explains, “An NTA is a document that instructs an individual to appear before an immigration judge. This is the first step in starting removal proceedings against them.” While an experienced New Jersey deportation lawyer may be able to help you avoid removal, once you receive an NTA, it is important that you speak with a lawyer as soon as possible.
Important Information in Your Notice to Appear from USCIS
If you are facing removal (or deportation) from the United States, understanding why is critical for making informed decisions about your next steps. You should be able to glean some of the information you need from the Notice to Appear itself. For example, your NTA should state:
- Whether USCIS believes that you entered the U.S. legally or illegally;
- How long you were allowed to stay in the United States and whether USCIS believes you have overstayed your visa;
- Whether USCIS has a record of you committing any crimes; and,
- The specific “charge” or “charges” that are the basis for USCIS’s decision to initiate removal proceedings.
Your Notice to Appear should also list the date, time and location of your first scheduled removal hearing. As the U.S. Department of Justice (DOJ) states, “It is extremely important to arrive to your hearing on time. If you are not at your hearing, the Judge may order you deported from the United States.” Your initial hearing is your first opportunity to fight removal, and you will want to work closely with your New Jersey deportation lawyer to ensure that you are prepared.
Fighting to Avoid Removal (or Deportation) After You Receive a Notice to Appear
Preparing for an NTA hearing involves determining what grounds (if any) you have to fight removal from the United States. If you are subject to removal and do not have grounds to fight, then you will need to work with your lawyer to evaluate your other options and choose the best option under the circumstances at hand. Some of the options for fighting removal after receiving a Notice to Appear include:
- Applying for a waiver of removal
- Applying for a U visa
- Filing for an adjustment of status
- Seeking cancellation of removal
- Seeking political asylum
- Challenging USCIS’s proof that removal is justified
For non-U.S. citizens who are subject to removal and who do not have grounds to seek to remain in the United States, another option may be to arrange a voluntary departure. If you are involuntarily removed, you will be subject to a 10-year period of inadmissibility. However, if you are able to arrange a voluntary departure, you may be able to avoid being deemed inadmissible.
5 Steps to Take if You Have Received a Notice to Appear in New Jersey
While you may have a variety of options available for fighting involuntary removal from the United States after receiving a Notice to Appear, it is important that you take action promptly. With this in mind, if you have received an NTA from USCIS in New Jersey, you should:
1. Carefully Review Your Notice to Appear
One of the first things you should do is carefully review your Notice to Appear. Carefully read each section to learn as much as you can about why you are facing removal—and make note of any questions you have or anything you don’t understand so that you can be sure to discuss it with your New Jersey deportation lawyer.
When you are facing removal, it is important not to make any assumptions. Even if you think you know why you might be facing removal, you need to make sure you have a clear understanding of the specific “allegations” in your NTA. If you make assumptions about why USCIS issued your NTA, you could end up asserting the wrong defenses at your removal hearing.
2. Start Gathering All Relevant Documents
To ensure that you are making informed decisions and to help your lawyer identify all viable options for helping you remain in the United States (or at least avoid inadmissibility), you should start gathering all relevant documents. This includes all documents related to your immigration status, your employment in the United States and any criminal charges against you.
3. Learn More About Your Options for Avoiding Involuntary Removal
While you should rely on an experienced New Jersey deportation lawyer to help you decide how to respond to your Notice to Appear, it will also be helpful for you to learn more about the options you may have available. For an overview, you can read 10 Things You Need to Know if You Are Facing Deportation.
4. Avoid Doing Anything that Could Limit Your Options
Once you have received a Notice to Appear from USCIS, you need to be very careful to avoid doing anything that could limit the options that you have available. Among other things, this means that you should avoid doing anything that could have negative implications for your immigration status—such as getting arrested or doing anything that is not permitted based on your reason for entry into the United States.
5. Speak with a New Jersey Deportation Lawyer
As we mentioned above, it is important that you speak with a New Jersey deportation lawyer as soon as possible. The sooner you contact a lawyer for help, the more your lawyer will be able to do to help you avoid involuntary removal.
Schedule a Confidential Consultation with a New Jersey Deportation Lawyer Today
Have you received a Notice to Appear from USCIS in New Jersey? If so, we can help, but it is important that you contact us promptly. To speak with an experienced New Jersey deportation lawyer at Helmer, Conley & Kasselman, P.A. in confidence as soon as possible, call 877-435-6371 or send us a confidential message online today.
