New USCIS Policy On NTAs After Immigration Benefit Denials: What You Need To Know
By Alena Shautsova, New York Immigration Lawyer
On February 28, 2025, U.S. Citizenship and Immigration Services (USCIS) issued a revised policy expanding its authority to issue Notices to Appear (NTAs) following the denial of immigration benefit requests. An NTA is a document that initiates deportation proceedings before an immigration court. The updated policy means that more immigrants could face removal proceedings after a simple denial—without the chance to fix the issue first.
As a seasoned USA Immigration lawyer, I want to help you understand what this policy means, who it affects, and how you can protect yourself or your loved ones from unintended consequences.
What Is a Notice to Appear (NTA)?
A Notice to Appear (NTA) is a formal charging document issued by DHS that begins removal (deportation) proceedings in U.S. Immigration Court. The document outlines why the government believes you are deportable and requires you to appear before a judge.
Receiving an NTA is a serious legal matter that should never be ignored. It means you are now in formal removal proceedings and must defend your right to stay in the United States.
What Changed Under the New USCIS Policy?
The latest guidance expands the scenarios in which USCIS will issue an NTA. Here are the key categories affected by the change:
1. Criminal Charges or Convictions
If you are applying for an immigration benefit and USCIS discovers you have been arrested, charged, or convicted of certain crimes—even if they are minor or pending—your application may be denied, and an NTA may be issued.
Tip from a New York Immigration Lawyer: Even dismissed charges or sealed records can impact your case. Always speak with a qualified attorney before filing any application if you have a criminal history.
2. Fraud or Misrepresentation
USCIS is required to issue an NTA if it finds you committed fraud or made a material misrepresentation, even if that's not the main reason your application was denied. This applies to all benefit types, including adjustment of status, employment-based petitions, and humanitarian relief.
3. Loss of Lawful Status After Denial
If your application is denied and you no longer have a valid visa or legal immigration status, you could receive an NTA solely because you're now considered out of status.
This is especially relevant for:
- Adjustment of Status applicants
- Extension or change of status applicants
- Work visa holders whose underlying status has expired
Important: Many people don’t realize that a benefit denial can make them instantly removable. USCIS will no longer “look the other way” after a denial—they may start removal proceedings.
4. Naturalization Denials With Grounds of Removability
If your naturalization application (Form N-400) is denied and USCIS determines you were inadmissible or deportable at the time of getting your green card or afterward, they may refer your case for removal proceedings. This includes fraud in past applications, prior criminal convictions, or unlawful conduct.
5. Temporary Protected Status (TPS) and Humanitarian Parole
If your TPS application is denied or withdrawn and you don’t have any other lawful status, USCIS may issue an NTA as well. You need to have a backup plan, if possible, such a new application (asylum, U, T visa or adjustment of status if qualified).
What Does This Mean for You?
The new policy reflects a stricter enforcement approach by USCIS. It affects not only undocumented individuals but also those with pending or denied applications. Under this policy, a simple denial can lead to immediate removal proceedings—even for people with long-term residence or family ties in the U.S.
As a New York Immigration Lawyer, I’ve seen firsthand how life-changing this can be for families. One mistake, delay, or omission can turn a simple form rejection into a full-blown deportation case.
How to Protect Yourself From an NTA
Whether you're applying for a green card, renewing a work visa, or seeking asylum, it's critical to take these steps:
1. Know Your Current Status
Always know your immigration status and expiration dates. If you're filing for an extension or adjustment, do it before your current status expires.
2. Be Honest and Accurate
Never lie or provide false documents to USCIS. Fraud—even unintentional—can lead to lifetime bans and immediate NTAs.
3. Get Legal Guidance Before You File
If you have any criminal history, prior denials, or complex immigration background, talk to the best Immigration lawyer you can find. A detailed legal strategy can prevent your case from being denied—or worse, referred to court.
4. Prepare for Possible Denials
If there is a chance your application could be denied, have a backup plan. This may include eligibility for another visa, humanitarian relief, or a motion to reopen a previous case.
What to Do If You Receive an NTA
If USCIS or ICE issues you a Notice to Appear:
- Do not ignore it. Failing to attend your hearing will result in an automatic deportation order.
- Contact an immigration attorney immediately. You may still have legal defenses available.
- Gather all your immigration records and consult with a professional who understands removal proceedings.
At the Law Office of Alena Shautsova, we handle NTA defense, motions to reopen, asylum claims, cancellation of removal, and adjustment of status before the immigration court.
Final Thoughts: Be Proactive, Not Reactive
The new USCIS policy is a clear sign that the agency is shifting from an adjudicatory body to an enforcement partner. This means that every benefit request—no matter how minor—now carries real risks.
Don’t take chances with your immigration future. If you’ve received a denial, suspect you may receive an NTA, or simply want your application filed correctly the first time, get help from a trusted, experienced professional.
Visit: www.shautsova.com
Email: office@shautsova.com
Based in New York – Serving clients across the United States