By Ali Latif, Esq. | Latif Law, LLC | Columbus, Ohio
Receiving a Notice to Appear (NTA) — the document that places you into immigration court proceedings — is frightening. But it is not the end of the road. Immigration court is an adversarial proceeding, and you have the right to a hearing, the right to present evidence, and in most cases, the right to apply for relief from removal. The key is acting quickly and working with experienced counsel.
What Is a Notice to Appear?
An NTA is a charging document issued by the Department of Homeland Security (DHS) alleging that you are removable from the United States. Common grounds include overstaying a visa, entering without inspection, certain criminal convictions, or violations of immigration status. The NTA starts the removal clock — it does not mean you will be deported.
The NTA is filed with the immigration court and you will receive a hearing date. Missing that hearing results in an automatic order of removal in absentia. Attend every hearing.
Defense Strategy 1: Cancellation of Removal
If you have been continuously present in the United States for at least 10 years, have good moral character, and your removal would cause exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent, or child — you may qualify for cancellation of removal. This is a discretionary form of relief that, if granted, results in adjustment to lawful permanent resident status.
For lawful permanent residents, the standard is different: five years as a lawful permanent resident and seven years of continuous residence in the U.S.
Defense Strategy 2: Asylum
If you have been persecuted — or have a well-founded fear of future persecution — in your home country based on race, religion, nationality, membership in a particular social group, or political opinion, you may qualify for asylum. Asylum applications filed in immigration court are called "defensive asylum" claims. The one-year filing deadline from entry into the U.S. applies, with limited exceptions.
Withholding of removal and protection under the Convention Against Torture are related forms of relief available to those who do not meet the asylum standard but face serious risk of harm.
Defense Strategy 3: Adjustment of Status
If you have an approved or pending immigrant visa petition (I-130 through a U.S. citizen or LPR family member, or I-140 through an employer), and a visa number is immediately available for your category, you may be able to apply for adjustment of status even in immigration court proceedings. Immigration judges have jurisdiction to adjudicate these applications.
Defense Strategy 4: Voluntary Departure
If you do not have a viable defense but want to avoid the 10-year reentry bar that comes with a formal removal order, voluntary departure may be an option. It allows you to leave the country at your own expense within a specified period without an official removal order on your record. This preserves more future immigration options than a removal order.
Defense Strategy 5: Waivers
Certain grounds of inadmissibility or deportability can be waived. Common waivers include:
The Columbus Immigration Court
Columbus area cases are heard at the Cleveland Immigration Court, which has jurisdiction over Ohio. Hearings are conducted before an immigration judge. DHS is represented by a government attorney. You have the right to an attorney, though immigration court proceedings do not guarantee a free public defender — you must retain counsel or seek pro bono representation.
Detention
Some individuals in removal proceedings are held in immigration detention. Ohio detainees are typically held at the Northeast Ohio Correctional Center in Youngstown or Geauga County Jail. Detained cases move faster and require more urgent action.
Act Immediately
Every court date has consequences. Missing a hearing results in an in absentia order. Filing deadlines for asylum and other applications are strict. The earlier you involve an attorney, the more options remain available.
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This article is for general informational purposes only and does not constitute legal advice. Immigration law is highly fact-specific. Reading this article does not create an attorney-client relationship with Latif Law, LLC. If you have received an NTA or have an immigration court date, consult a qualified immigration attorney immediately.