A Notice to Appear (NTA) is the charging document issued by the Department of Homeland Security (DHS) to initiate removal proceedings. The NTA is filed with EOIR who then takes charge of the proceedings and issues a decision on whether the individual may be deported. The three possible reasons for receiving an NTA are being an “arriving alien” who has been stopped at a port of entry prior to admittance, an immigrant already in the U.S. who has not yet been admitted or paroled, or an admitted immigrant who has now been deemed deportable for the reason listed on the NTA.
While U.S. Citizenship and Immigration Services (USCIS) has always had authority to issue NTAs, it has traditionally utilized this authority sparingly, usually only where the applicant had a criminal conviction. However, USCIS recently released updated policy guidance under which immigrants will receive an NTA and be placed into removal proceedings if they apply for any modification of status for a visa, green card, or naturalization and are denied. They may also receive an NTA if they are charged with a crime or if they have any association with activity that the Department of Homeland Security (DHS) considers to be criminal, regardless of whether they have been arrested or charged for such activity.