How to prepare when a family member is summoned to immigration court

Receiving a Notice to Appear (NTA) or learning a relative is in removal proceedings is one of the hardest moments. Good news: court takes time, generally months or years, and there are defenses. This guide explains what to do in the first days and how to support your relative.

What is a Notice to Appear (NTA)?

The document by which ICE or USCIS notifies that they are starting removal proceedings before an immigration judge. It includes:

• Charges (reasons for seeking deportation).
• Initial hearing (Master Calendar Hearing).
• Court address and judge.

It's different from an arrest warrant. Receiving an NTA is not the same as being detained.

Read: deportation defense.

The FIRST thing to do

Day 1-3:

1. Read the NTA completely. Specific charges, date, court location.
2. DO NOT ignore. Missing the hearing = in absentia removal order.
3. Take photos of the document.
4. Verify date online: registry.justice.gov or call 1-800-898-7180.

Week 1:

1. Find an immigration attorney specialized in court. This is different from a USCIS attorney.
2. Don't sign anything ICE offers without an attorney.
3. Don't leave the country —becomes automatic order.

Month 1:

1. Gather documents for your relative: ID, proof of time in the U.S., citizen/resident family, good character evidence, evidence of any defense.
2. List all addresses where the relative has lived.
3. Gather school, medical, tax records.

Master Calendar Hearing (initial hearing)

The first hearing. Not where the case is decided. The judge:

• Confirms identity and charges.
• Asks how you plead (admit/deny).
• Asks what defense is sought.
• Sets next date (Individual Hearing).

Usually lasts 5-15 minutes. If no attorney, the judge may grant continuance to get one.

Possible defenses in court

1. Cancellation of removal (non-LPR)

Requires 10 years continuous presence, good character, extreme hardship to citizen/resident relative.

2. Cancellation of removal (LPR)

For residents with 5 years LPR, 7 years continuous residence, no aggravated felony.

3. Asylum

If you fear persecution based on race, religion, nationality, political opinion, or social group. Deadline: 1 year from arrival (with exceptions).

4. Adjustment of status

If qualifies as marriage to citizen. Read: adjustment of status.

5. VAWA

For abuse victims. Read: VAWA.

6. U visa / T visa

Crime or human trafficking victims cooperating with authorities.

7. Voluntary departure

Not a defense but avoids formal deportation order. Allows voluntary departure.

Bond

If your relative is detained, you can request bond in a separate hearing:

• Judge decides amount based on danger and flight risk.
• Family pays with cash or bond agent.
• Attend ALL hearings or lose bond.

Some crimes trigger mandatory detention without possibility of bond.

How to support your relative

Emotionally

• The stress is enormous. Accompany without judgment.
• Connect with support groups (churches, community).
• If there are children, give them structure.

Practically

• Pay for legal consultation (best investment).
• Accompany to hearings if you can.
• Gather documents (evidence is the heart of the case).
• Keep your relative's good conduct: no arrests, pays taxes, evidence of good life.

Support letters

Letters from church, neighbors, employer, kids' school help. They should include:

• How long you've known the person.
• Character (honest, hardworking, loving with family).
• Contribution to the community.
• What the family would suffer with deportation.

If a removal order is issued

There are still options:

• Appeal to BIA (30 days).
• Motion to reopen if new evidence.
• Motion to reconsider if there was legal error.
• Stay of removal while appealing.

What NOT to do

• Pay a notary or unlicensed "consultant".
• Leave the country during the process (automatic order).
• Ignore the NTA (in absentia order).
• Marry a foreigner for papers to fix (serious fraud).
• Lie in court (perjury).

Next steps

If your relative received an NTA or is in court, don't wait. [