Impact of the New USCIS Policy on Your Case
March 20, 2025
In a significant development, USCIS recently issued a game-changing policy memo that could alter the way your immigration case is handled. If you ever find yourself placed in removal proceedings or if your application for an immigration benefit is denied, this policy could directly impact you. This blog aims to break down the key aspects of this new policy, including what an NTA (Notice to Appear) is, when and why USCIS issues one, and how these changes could affect you.
LaToya McBean Pompy, who immigrated to the United States herself, was inspired to help families unite by founding McBean Law, a New York immigration law firm. If you or loved one need assistance with denaturalization issues or visa applications, don’t hesitate to reach out to us today. You can contact us here or call (914) 898-9488 to schedule a private consultation with LaToya and her experienced immigration attorney team, who are ready to guide you through every step of the process.
What Is an NTA and Why Is It Important?
An NTA, or Notice to Appear, is a legal document used by USCIS to initiate deportation proceedings against an individual. This document outlines the reasons for removal and provides a court date for the individual to present their case before an immigration judge. Under the new policy, if USCIS denies your benefit request—such as a green card—and you are not lawfully present in the U.S., you may receive an NTA.
This change is not merely a technical update; it has the potential to significantly impact many individuals. Consider a scenario where your green card application is denied. If you are not legally present in the country at that point, you could receive an NTA, placing you at risk of deportation.
When Will USCIS Issue an NTA Under This New Policy?
USCIS may issue an NTA under several circumstances, including:
- Criminal Cases: If you have been arrested, charged, or convicted of a crime and your benefit request is denied, an NTA is likely to be issued.
- Fraud or Misrepresentation: If USCIS finds evidence of fraud or misrepresentation in your application, even if it was not the reason for denial, an NTA may be issued.
- Employment-Based Cases: If your employment-based petition is denied and you are not lawfully present, an NTA could follow.
- Naturalization Cases: If you apply for citizenship but are found to be deportable due to past offenses or inadmissibility at the time of your status adjustment, you may receive an NTA.
- Other Special Circumstances: In some limited cases—such as if your I-90 application for a green card renewal is denied or if you are unlawfully present after your parole expires—an NTA could still be issued.
The Game-Changing Impact of This Policy
Previously, certain groups of removable non-citizens were shielded from enforcement. With this new policy, USCIS is no longer exempting any category of non-citizens from potential removal. This means that even those who were previously protected may now face deportation proceedings.
If your case falls into one of these categories, the risk of receiving an NTA has increased. This underscores the urgent need for legal guidance from an immigration attorney who understands the evolving policies.
Watch Attorney LaToya McBean Pompy’s YouTube video, “USCIS Enforces Trump’s Deportation Agenda: New NTA Policy Explained (2025),” for an in-depth analysis of the recent policy changes. In this video, she breaks down how the new USCIS Notice to Appear (NTA) policy impacts immigrants, the increased risk of deportation for those with denied applications, and the critical steps you can take to protect your legal status.
