The U.S. Citizenship and Immigration Services (USCIS) has issued an updated policy regarding the issuance of Notices to Appear (NTAs), significantly impacting noncitizens facing immigration challenges. An NTA is a crucial document that initiates removal (deportation) proceedings, requiring the recipient to appear before an Immigration Judge. Understanding these changes and their implications is critical for anyone navigating the U.S. immigration system.
A similar policy was in place in 2018 during the 1st Trump Administration. However, this previously policy was withdrawn by the Biden Administration in 2021.
Key Highlights of the New NTA Policy
USCIS now prioritizes the issuance of NTAs in several circumstances, including but not limited to:
-Denial of Immigration Benefits: If an individual is unlawfully present after a denied immigration application, an NTA will be issued.
-Conditional Permanent Residents Termination: If your Conditional Resident Status is terminated and/or your I-751, Petition to Remove Conditions on Residence or I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, is denied an NTA will be issued.
-Abandonment of LPR Status: If your Application to Replace Permanent Resident Card (Green Card) (Form I-90) is denied due to abandonment of lawful permanent resident (LPR) status
-Asylum and Refugee Status Terminations: If an individual loses their asylum or refugee status, they will receive an NTA, placing them in removal proceedings.
-Criminal Convictions: Noncitizens involved in criminal conduct or with arrests, charges, or convictions will be referred to U.S. Immigration and Customs Enforcement (ICE) for possible removal proceedings.
-Fraud and Misrepresentation: Any immigration application found to contain fraudulent information or material misrepresentation will lead to the immediate issuance of an NTA.
-Public Safety and National Security Cases: Individuals deemed a threat to national security or public safety are prioritized for NTAs.
These policy changes reflect USCIS’s commitment to stricter enforcement of immigration laws. However, they also create new risks for individuals navigating an already complex system.
Why You Need an Experienced Immigration Attorney
Receiving an NTA can be overwhelming and life changing. Many noncitizens face deportation simply due to procedural errors, missed deadlines, or lack of proper legal representation. An experienced immigration attorney can:
-Prepare and File Immigration Applications Correctly: Establish eligibility for benefit and avoid errors that could lead to an NTA.
-Assess Your Case: Determine whether you qualify for relief from deportation
-Defend You in Immigration Court: Present a strong legal defense and fight for your right to stay in the U.S.
-Advocate for You in Prosecutorial Discretion Requests: In some cases, attorneys can argue for the government to decline issuing an NTA.
With deportation risks increasing under this new policy, now more than ever, having a skilled immigration attorney by your side is essential. If you or a loved one have concerns about your immigration status, contact our office today to schedule a consultation. We are here to protect your rights and fight for your future.
Policy: https://www.uscis.gov/sites/default/files/document/policy-alerts/NTA_Policy_FINAL_2.28.25_FINAL.pdf
