Why You Can Still Get an NTA While Legally in the U.S.

Even if you're legally in the U.S. on a grace period, and are following the rules, you could get an "NTA" letter that could lead to deportation. 

This is happening right now. 

I just returned from the AILA California Conference in Long Beach, and this was the update that shocked me the most. 

Here's the situation: When your H-1B ends, you can get a discretionary 60-day grace period. During that time, you can look for a new job, transfer to another employer, or change to a different status like a visitor visa. You're legally allowed to be here. 

But now, immigration is issuing Notice to Appear (NTA)s in immigration court as part of the removal process, even during this grace period, and even if you have a valid case pending. 

While the law allowing this has always existed, it's now being enforced in abundance. By the time the letter reaches you, you might only have a few days to find an attorney and prepare a response. 

If you receive an NTA while legally in the U.S., there are 3 options: 

1. Ask the Judge to terminate the case (unlikely to succeed) 

2. Request deferral until your pending case is decided 

3. Voluntary departure to avoid a permanent immigration record.

To succeed, you will need a competent attorney to immediately prepare a defense to the NTA and attend court on your behalf.

What should you do if you're approaching a grace period?

• Consider filing for another status (even a tourist visa) while your case is pending. 

• Think about how this lack of certainty affects your travel plans (leaving your apartment, friends, having a backup plan abroad). 

• Meet with an attorney before you're in this situation—not after. 

• Have a strategy ready so you can mobilize immediately if needed. 

If you just found out that you are going to be laid off, IMMEDIATELY prepare a few back up plans for your future over the next month.

This was one of the most eye-opening things I heard at the conference. The environment is shifting, and being proactive is more important than ever.

If you're on a visa and unsure about your status, let's chat. Call (949) 940-6725, or book a consultation online to speak with one of our experienced immigration attorneys.

DISCLAIMER: This post does not make any guarantees or constitute legal advice. Always consult with a U.S.-licensed immigration attorney about the facts specific to your case.