USCIS Expands NTA Policy: The Impact on Immigration Cases

On February 28, 2025, U.S. Citizenship and Immigration Services (USCIS) issued a significant policy memorandum outlining changes to the agency’s issuance of Notices to Appear (NTAs) in cases involving inadmissible and deportable noncitizens. This update has broad implications for individuals navigating the U.S. immigration system, particularly those applying for benefits, facing criminal charges, or subject to fraud or misrepresentation findings.

An NTA is a charging document that initiates removal proceedings, instructing a noncitizen to appear before an immigration judge. USCIS shares NTA issuance authority with U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP), but this new policy expands the agency’s role in removal proceedings.

This blog breaks down the key provisions of the policy, its impact on different immigrant groups, and what affected individuals should do in response.

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Key Changes in the New USCIS NTA Policy

The updated policy removes exemptions for certain categories of noncitizens, expands when NTAs must be issued, and outlines specific scenarios in which USCIS will now refer cases for removal proceedings. Below are the major changes:

1. Broader NTA Issuance Across Immigration Cases

Previously, USCIS exercised discretion in issuing NTAs in certain cases. The new guidance eliminates categorical exemptions and mandates NTA issuance in a wider range of circumstances, including:

• Denied Green Card Applications: If a noncitizen is unlawfully present in the U.S. after the denial of an adjustment of status application, USCIS will issue an NTA.
• Criminal Cases: Noncitizens with criminal arrests, charges, or convictions may receive NTAs if USCIS denies their benefit applications.
• Fraud or Misrepresentation: If an immigration application is denied due to findings of fraud or material misrepresentation, an NTA will be issued.
• Termination of Status: Those who lose Temporary Protected Status (TPS), refugee status, or have their conditional green card status terminated will now be placed in removal proceedings.
• Asylum and Credible Fear Cases: USCIS will issue NTAs in asylum cases that are denied, referred, or where the applicant is found ineligible for relief.

These changes suggest a shift toward increased immigration enforcement at the benefits adjudication stage, where even those seeking lawful status may find themselves in removal proceedings.

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2. Greater Focus on National Security and Public Safety

USCIS will prioritize issuing NTAs in cases involving national security concerns or public safety risks. This includes individuals who:

• Have been involved in terrorism-related activities (INA § 212(a)(3)).
• Are suspected of espionage or other threats to national security (INA § 237(a)(4)).
• Have criminal convictions that make them deportable or inadmissible.

Importantly, USCIS officers will now coordinate with ICE before issuing NTAs in such cases, particularly when classified information or law enforcement investigations are involved.

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3. Impact on Employment-Based Immigration

Employment-based applicants will also feel the effects of the new policy, as USCIS will issue NTAs when:

• A petition for a nonimmigrant worker (Form I-129) is denied and the beneficiary is out of status.
• A labor certification or employment-based green card petition is denied, and the applicant lacks another lawful status.

This change increases the risks for foreign workers and businesses sponsoring employees, making it crucial to maintain lawful status throughout the petition process.

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4. Increased Scrutiny in Naturalization Cases

For applicants seeking U.S. citizenship through naturalization, USCIS will issue NTAs if:

• The applicant is found removable due to past criminal activity or inadmissibility at the time of adjustment.
• The applicant obtained permanent residency fraudulently and is ineligible for naturalization.

These changes emphasize the need for legal guidance when applying for naturalization, particularly for those with past legal issues.

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How This Policy Affects Immigrants

The expanded NTA policy has significant consequences for various groups of immigrants:

1. Applicants for Green Cards and Other Immigration Benefits

Previously, a denial of an immigration benefit application did not always lead to immediate removal proceedings. Under the new policy, however, USCIS will automatically issue NTAs upon denial if the applicant lacks another legal status. This means:

• Individuals applying for family-based or employment-based green cards may be placed in deportation proceedings if their application is denied and they have no other lawful status.
• Noncitizens with pending applications should ensure they remain in lawful status until a decision is made.

2. Immigrants with Criminal Records

Under this policy, individuals with criminal convictions, pending charges, or even arrests may face removal proceedings. USCIS has broad discretion to refer cases to ICE, making it essential for immigrants with criminal records to consult an immigration attorney before filing applications.

3. Asylum Seekers and TPS Holders

For asylum seekers, this policy makes it clear that a denied application will now result in an NTA. Similarly, individuals who lose TPS due to a denial or expiration of status may be swiftly placed in removal proceedings.

4. Employers and Foreign Workers

Employers should be aware that denied visa applications for employees may lead to removal proceedings if the worker is out of status. This increases the stakes for businesses sponsoring employees on H-1B, L-1, and other work visas.

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What Should You Do If You Receive an NTA?

If you or someone you know receives an NTA under this new policy, taking the following steps is critical:

1. Do Not Ignore the NTA – Failure to appear in immigration court can result in an automatic removal order.
2. Seek Legal Counsel Immediately – Consult an experienced immigration attorney to explore available defenses or relief options.
3. Gather Supporting Documents – Evidence of eligibility for relief (such as cancellation of removal, asylum, or adjustment of status) is crucial.
4. Stay Informed About Your Case – Regularly check with USCIS and the Executive Office for Immigration Review (EOIR) for updates.

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Final Thoughts: A Step Toward Stricter Immigration Enforcement

This new USCIS policy underscores a broader shift toward strict enforcement of immigration laws. By eliminating exemptions and expanding NTA issuance, the Biden administration is emphasizing removal proceedings at the benefits stage.

While this policy strengthens immigration system integrity, it also creates new challenges for immigrants seeking legal status. The increased risk of deportation makes compliance with immigration laws more critical than ever.

If you are affected by this policy, seek legal guidance promptly. Staying informed and proactive can make a significant difference in your immigration journey.

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For personalized assistance, contact Richards & Jurusik Immigration Law today. Our experienced immigration attorneys are ready to help you navigate these changes and protect your rights.

Schedule a Consultation with an Immigration Lawyer

Citations

• Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens

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