What You Need To Know If You're Applying For Immigration Benefits
In February 2025, U.S. Citizenship and Immigration Services (USCIS) issued a significant policy update outlining when the agency must or may issue a Notice to Appear (NTA), a document that initiates removal (deportation) proceedings in immigration court. This change affects many individuals applying for immigration benefits—including green cards, work permits, and naturalization—and it is critical that applicants understand the risks involved.
What Is a Notice to Appear (NTA)?
An NTA is a formal charging document issued by the Department of Homeland Security (DHS) that places a noncitizen in removal proceedings before an immigration judge. Once issued, the individual must appear in immigration court to respond to the charges and request relief from removal, if eligible.
What Changed in February 2025?
The new USCIS memo restores and expands previous guidance from 2018 (which had been rolled back in 2021), directing officers to issue NTAs in a broader range of cases. These include:
- Applications that are denied where the individual no longer has lawful immigration status
- Cases involving fraud, misrepresentation, or criminal activity
- Denials of Temporary Protected Status (TPS) where no other legal status exists
- Terminations of asylum, refugee status, or other humanitarian benefits
- Some naturalization applications where USCIS finds the applicant was inadmissible at the time of becoming a permanent resident
In the past, USCIS often refrained from issuing NTAs in these situations. Under the new memo, that discretion has been significantly limited.
Who Is Most at Risk?
This policy particularly affects applicants who:
- Entered without inspection and are not protected by programs like DACA or parole in place
- Have criminal charges or convictions, even if minor or dismissed
- Previously applied for asylum, TPS, or DACA, but are no longer eligible
- File a green card or naturalization application without first restoring lawful status
Even individuals who believe they are eligible for benefits can be issued an NTA if USCIS determines they are removable under immigration law.
What Should You Do?
If you are considering applying for an immigration benefit, it is more important than ever to consult with an experienced immigration attorney who can assess your risks and create a strategy to minimize exposure to removal proceedings.
At Green Family Immigration Law, we conduct thorough pre-filing risk assessments with every client. We review immigration history, criminal background, and potential inadmissibility issues before filing anything with USCIS. If we identify any red flags, we will inform you and discuss all your options, including whether it’s safer to wait, pursue an alternative path, or prepare for potential removal defense.
Final Thoughts
This memo marks a clear shift in how USCIS handles discretionary enforcement. Individuals applying for immigration benefits must be fully aware that filing the wrong application—or filing without understanding the consequences—can now result in being placed in deportation proceedings.
If you have questions or concerns about how this policy could affect you, contact our office to schedule a consultation. We are here to help you move forward with clarity, confidence, and a plan.
