Our immigration attorney, Javier Montano Miranda, answers frequently asked questions about the Notice to Appear before Immigration Court: what happens if I do not attend the appointment?
Upon receiving a notice from the court, you must first strictly verify the date and time of the appearance and ensure that contact information is updated: Remember, every step is crucial. Given the frequent lack of clarity in notifications, it is essential to be fully informed about the details of your case.
What should someone who receives a court notice do?
Javier Montano: The first thing you have to do is take this issue very seriously. No one can underestimate the immigration status in the United States. First, as I said, you have to see the date and time where it has to be presented. That is very important, because unfortunately many times the dates do not appear properly in the notifications. Then there is a number where people can verify where and when their immigration court appointment is going to be.
The number is 1800 898 7180 and using the Alien number that is in that notification, you can see the day, time, date and even the judge who will be hearing your case.
Who receives this notification?
Javier Montano: It is generally received by the lawyer who is handling the case and, if he is not handling his case with a legal representative, it is received by the person at his last residence, at the last address he registered with USCIS.
In our immigration legal advice we always say that it is very important to update the addresses of the applications, because unfortunately many times when people change their address, they receive notifications at their previous address and never find out that they have an immigration court, and that is delicate. .
What is a notification exactly?
Javier Montano: Is called Notice To Appear NTA and basically it is a document with which the deportation process begins. It is a very important document because it is where the allegations and charges that the United States government is placing to deport a foreign citizen are found.
It is very important that this document be reviewed by an immigration attorney to determine if it has deficiencies. Many times one can close cases or "knock them down", as is commonly said, due to deficiencies in how that document was prepared.
Who receives that notification?
Javier Montano: As I mentioned, the lawyer who is handling the case or the applicant.
And what happens if a foreigner is summoned to immigration court and does not appear?
Javier Montano: Without fear of being wrong, I can tell you that one of the most serious mistakes in the immigration world is not appearing in immigration court after being notified, because the court issues a deportation order in absentia, that's what it's called.
It is very important and key to have the advice of an immigration lawyer.
A deportation order in absentia because it is considered that your case was abandoned. That is, if you do not appear in immigration court, the Court automatically issues a deportation order in absentia, regardless of whether you are present or not.
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