What You Need to Know About USCIS’s Notice to Appear (NTA) Policy
- Tanya Powers
- 3 days ago
- 3 min read
In February, U.S. Citizenship and Immigration Services (USCIS) expanded its policy regarding the issuance of Notices to Appear (NTAs)—the document that initiates removal (deportation) proceedings before an immigration judge. While historically NTAs were issued mainly by U.S. Immigration and Customs Enforcement (ICE), USCIS’s growing role in this area has created new risks for individuals with denied applications.
If you have a pending immigration benefit application or are considering filing one, it’s important to understand how the NTA policy might affect you.
What Is a Notice to Appear (NTA)?
An NTA is the formal charging document used by the Department of Homeland Security (DHS) to begin removal proceedings. Once issued, the recipient is required to appear in immigration court to respond to the government’s allegations and may face deportation if found removable.
Why Did USCIS Expand Its NTA Policy?
USCIS announced a revised policy directing its officers to issue NTAs in more types of cases, especially when an application is denied and the individual is left without lawful immigration status. The policy aimed to align USCIS enforcement priorities with those of ICE and U.S. Customs and Border Protection.
When Might USCIS Issue an NTA?
While not a complete list, the following are some of the most common scenarios in which USCIS may issue an NTA:
Denial of a benefit application (e.g., adjustment of status, change/extension of status) where the applicant is left without lawful status at the time of the denial.
Fraud, misrepresentation, or criminal issues uncovered during the adjudication process.
Naturalization applicants who were inadmissible at the time they adjusted status or were admitted to the United States as permanent residents, or who are now deportable under the Immigration and Nationality Act (INA).
What Happens After an NTA Is Issued?
If USCIS issues an NTA:
You will receive the NTA in the mail, stating the date, time, and location of your first hearing in immigration court (or stating that the hearing date will be sent later).
You will be expected to appear before an immigration judge and either defend against removal or apply for relief (such as cancellation of removal, asylum, or voluntary departure).
Failure to appear can result in an automatic removal order and bar future immigration benefits.
What Can You Do to Protect Yourself?
Stay in status: If you are in a temporary status (such as F-1 or H-1B), plan your filings carefully to avoid gaps in lawful presence.
Consult an attorney before filing: Not every denial leads to removal proceedings, but understanding the risks in advance can help you plan for contingencies.
Respond quickly to RFEs and NOIDs: USCIS will often give you the opportunity to supplement your application before denying it.
Keep your address up to date: If you move, notify USCIS immediately to avoid missing any notices, including NTAs.
Ensure all information is thorough and truthful: When filing any application with USCIS, it’s essential to submit complete and accurate details.
Final Thoughts
The expansion of USCIS’s NTA policy underscores the importance of strategic, well-informed immigration planning. What used to be a routine denial may now lead to immigration court. At Powers Immigration Law, we take these risks seriously and work closely with our clients to avoid preventable complications and ensure they are never caught off guard.
If you are concerned about your case, contact us to schedule a consultation. Early legal intervention can make all the difference.
Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal advice. Every immigration case is unique, and the laws and procedures can be complex and subject to change. Reading this blog does not create an attorney-client relationship. If you are facing an immigration issue, you should consult with a qualified immigration attorney to receive personalized legal guidance based on your specific circumstances.
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