On February 28, 2025, the U.S. Citizenship and Immigration Services (USCIS) issued a major policy update that expands its authority to issue Notices to Appear (NTAs) and refer cases to Immigration and Customs Enforcement (ICE). This change significantly increases the risk of deportation for individuals whose immigration applications are denied while they are out of legal status.
What’s Changing?
Previously, USCIS issued NTAs primarily in cases involving serious criminal activity, fraud, or national security concerns. Now, the agency will issue NTAs more broadly, including for:
- Unlawful Presence – If your visa or legal status expires while your application is pending and then gets denied, you could be placed in removal proceedings.
- Criminal Records & National Security Concerns – USCIS is expanding its authority to issue NTAs for prior arrests, charges, or convictions, even if they are minor.
- Fraud or Misrepresentation – Even if a denial is based on reasons unrelated to fraud, an NTA may still be issued if fraud is found in your records.
- Special Cases – Individuals who request to be placed in removal proceedings for specific relief options will now be more closely scrutinized.
Who is Affected?
Employment-based visa holders are generally exempt—unless they filed their own Form I-129 petition. However, their dependents (spouses and children) do not share this exemption and may face NTAs if they fall out of status.
Why This Matters
USCIS argues this policy strengthens national security and prevents people from remaining in the U.S. unlawfully. However, critics warn it could lead to deportations for individuals affected by delays or minor procedural errors.
What Should You Do?
- Stay in Status – File extensions or changes in status early to avoid gaps.
- Seek Legal Advice – It is always advisable to have an immigration attorney on your side, as your advocate to ensure that you mitigate risks.
- Prepare Thorough Applications – Ensure all documents are accurate, complete, and well-supported.
Final Thoughts
The February 28, 2025, USCIS memorandum marks a significant enforcement shift that may increase the number of NTAs issued and cases referred to ICE. While the policy is designed to bolster national security and public safety, it also places an increased burden on both applicants and their legal representatives to ensure that every application is meticulously prepared and filed before status expires.
If you have concerns about how this new policy might affect your immigration case, now is the time to seek expert legal advice. Our firm is here to help you navigate these complex changes, protect your rights, and explore all available avenues for relief.
For a personalized consultation regarding the new NTA policy and its impact on your case, you may schedule a consultation using this link. You can also contact our office at (713) 234-1100 or info@ralobiohalaw.com.
This blog post is for informational purposes only and does not constitute legal advice. Please consult with a qualified immigration attorney regarding your individual circumstances.
