If a document arrived in the mail bearing the Department of Justice seal and the words Notice to Appear, what you are holding is not an informational letter or a fine: it is the summons that opens a case before an immigration judge.
The most common reaction is to put it in a drawer and wait and see. That is exactly the opposite of what you should do.
The four things to check today
- Your full name and your alien registration number, the A-number: nine digits preceded by an A.
- The charges, meaning the section where the government explains why it believes you should leave the country.
- The date and time of the hearing.
- The exact address of the court.
It is common for the date to read to be determined or for the time to be blank. That does not mean there will be no hearing: it means you will be notified later, and the address the government has on file for you is the only thing connecting you to that notice.
Why missing a hearing is the worst outcome
If you do not appear, the judge can order your removal in absentia, without hearing your case. That order is issued even if you had a strong defense, even if you have lived here for years and even if your family is here. Reopening a case afterward is possible in certain circumstances, but it is harder, slower and more expensive than simply showing up.
If you fall ill or have an emergency on the day of the hearing, not going is not enough. You must notify the court in writing and in advance, and it is worth doing that with legal help.
Keep your address up to date
The court always writes to the last address it has on file. If you move and do not report it, notices will keep going to your old address and deadlines will keep running, even though you never heard about them.
Reporting a change of address to the court is its own filing, separate from the one you make with other immigration offices. Updating one does not update the other.
What to do this week
- Keep the complete document, envelope included, and photograph every page.
- Write the hearing date somewhere you will see it every day.
- Confirm the date and time through the court's automated case information system, because hearings are sometimes rescheduled.
- Look for legal representation before the first hearing, not after.
At the first hearing the judge will ask whether you have an attorney. You can ask for time to find one, and it is usually granted, but arriving already represented changes the tone and the pace of the whole case.
What not to do
- Ignore the document hoping it resolves itself.
- Sign any paper handed to you without understanding what it says and what you are giving up.
- Pay someone who is not an attorney or an accredited representative to «fix» your case.
- Leave the country without asking first: in some situations that amounts to accepting removal.
If the date has already passed
If you find out there was a hearing and you did not attend, do not assume it is over. Depending on why you missed it and how much time has gone by, there may be room to ask that the case be reopened. That room narrows with time, so the consultation should not wait.