The Notice to Appear (NTA): What to Do If You Receive One

Receiving a Notice to Appear (NTA) can be a confusing and frightening experience for many individuals and their families in Chicago. This document is not just a piece of mail; it is the official start of removal proceedings against you by the U.S. government.

If you or a loved one has received this notice, it means the Department of Homeland Security (DHS) has filed charges to deport you from the United States.

At the Law Office of Kevin Dixler, we understand the immense pressure you are under. We have spent over three decades helping families in the Chicago area face these challenges with honesty and persistence. Knowing what to do if you receive a Notice to Appear can make a significant difference in how you approach your case and protect your future in this country.

Understanding the Contents of Your Notice to Appear.

An NTA serves two primary purposes: it lists the factual allegations against you and the legal grounds for your potential removal. When you look at the document, you will see your “A-Number” (Alien Registration Number), which the court uses to track your file.

The document will check one of three boxes to describe your status:

• An arriving alien
• An alien present in the U.S. who has not been admitted or paroled
• An alien who was admitted but is now removable for a specific reason

According to the Executive Office for Immigration Review (EOIR), the NTA must also list the nature of the proceedings and the legal authority under which the government is acting. It is vital to check every detail on this form. Even a small error in your name or address can lead to missed hearing notices, which may result in a judge issuing a removal order in your absence.

Where Your Case Will Be Heard in Chicago.

For most Illinois residents, immigration cases are handled at the Chicago Immigration Court. It is important to know exactly where you need to go, as arriving at the wrong location can result in a failure to appear.

• Non-Detained Cases: Most individuals who are not in custody will have their hearings at 55 E. Monroe St., Suite 1500, Chicago, IL 60603. This location is near the Adams and Wabash CTA station, accessible by the Brown, Green, Orange, Pink, Purple, and Red lines.
• Detained Cases: If an individual is being held in a facility, hearings are often held by WebEx Meeting or at the satellite location at 536 S. Clark St., Room 340, Chicago, IL 60605, or via video conference.

You can verify your specific hearing date and location by calling the EOIR automated hotline or checking the EOIR Automated Case Information System.

The Master Calendar Hearing: Your First Court Date.

The first time you see an immigration judge is typically for a Master Calendar hearing. This is not usually a final trial. Instead, it is a brief preliminary hearing where the judge ensures you understand the charges, may continue the case, and set future deadlines.

During this hearing, the judge will ask you to “plead” to the allegations in the NTA. You will need to admit or deny each statement unless you can get a continuance. Because these admissions are legally binding, we believe it is critical to have a representative review the charges with you beforehand. If the government has made a mistake in its allegations, this is the time to identify it.

The judge will also ask if you are seeking any “relief” from removal. This refers to the legal defenses that might allow you to stay in the United States legally.

Exploring Cancellation of Removal and Other Defenses.

One of the most common and vital forms of relief to seek is known as Cancellation of Removal. This path is sometimes available to non-permanent residents with deep ties to a citizen or green card holder in the United States but find themselves in removal proceedings.

To qualify for Cancellation of Removal under INA § 240A(b), you must generally prove four things to the judge:

1. Physical Presence: You have lived in the U.S. continuously for at least 10 years.
2. Good Moral Character: You have maintained a clean record during those 10 years.
3. No Disqualifying Convictions: You have not been convicted of certain types of crimes.
4. Hardship: Your removal would cause “exceptional and extremely unusual hardship” to a U.S. citizen or Lawful Permanent Resident spouse, parent, or child.

Proving hardship is a high legal bar. It requires more than just the typical sadness of a family being separated. We work with our clients to gather medical records, school reports, and financial documents to build a persuasive case that shows the true impact a removal would have on their loved ones.

Immediate Steps to Take After Receiving an NTA.

If you have just received an NTA, time is of the essence. While the law requires you to receive at least 10 days’ notice before your first hearing, that time goes by quickly.

• Update Your Address: If you move, you must notify the Immigration Court using Form EOIR-33 within five working days of the change. If the court sends a notice to an old address and you miss it, the judge can order your removal immediately.
• Keep Your Documents Safe: Do not lose the original NTA. Bring it to every court appearance along with any other mail you receive from the government.
• Avoid Scams: Be wary of individuals who promise “guaranteed” outcomes. Only an attorney licensed to practice law, or a DOJ-accredited representative, can represent you in immigration court.
• Seek Experienced Counsel: You have the right to an attorney in immigration court, but unlike in criminal court, the government will not provide one for you.

Why Experience and Planning Matter.

The United States Citizenship and Immigration Service (USCIS) and the immigration courts strictly enforce deadlines. A single missed filing or a misunderstood question in court can have devastating and permanent consequences to your family. We approach every case with discretion and a focus on long-term planning.

Kevin L. Dixler has been helping foreign workers and families in Illinois achieve their goals since 1993. As a 33-year member of the American Immigration Lawyers Association, he brings a depth of insight into complex waiver work and cancellation of removal cases.

We pride ourselves on our candor; we will always give you an honest assessment of your situation so you can make informed decisions.

If you are facing the Chicago Immigration Court, you do not have to do it alone. Reach out to the Law Office of Kevin Dixler at 312-728-4610 to discuss your case and begin planning your defense.