In August 2025, USCIS issued new guidance clarifying when a Notice to Appear (NTA) may be issued in family-based immigration cases. This update reminds applicants that even if a petition like Form I-130 (Petition for Alien Relative) is approved, the beneficiary can still be placed in removal proceedings if USCIS finds they are “removable and amenable to removal.”
At Green Family Immigration Law, we’ve seen growing confusion among couples who assume an approved petition protects them from deportation. This new policy makes clear that isn’t always the case.
What Is an NTA?
An NTA (Notice to Appear) is a formal charging document that begins removal (deportation) proceedings. It requires a noncitizen to appear before an immigration judge. Once issued, your case is transferred from USCIS to the Executive Office for Immigration Review (EOIR)—the immigration court system.
You may receive an NTA if USCIS denies your green card application and believes you are unlawfully present in the U.S., have a prior removal order, or committed an immigration or criminal violation.
Why USCIS Is Issuing More NTAs in 2025
- Policy expansion: USCIS reaffirmed that family-based petition approvals do not protect beneficiaries with existing inadmissibility or removability issues.
- Fraud and screening focus: The agency emphasized greater scrutiny of marriage-based filings and adjustment-of-status applications.
- Interagency coordination: USCIS now shares data more efficiently with ICE and CBP, meaning NTAs can be issued more quickly after denial.
What to Do If You Receive an NTA
- Do not ignore it. Failure to appear in immigration court can result in an automatic removal order.
- Contact your attorney immediately. Green Family Immigration Law can represent you in both USCIS and EOIR proceedings to protect your rights.
- Gather all documents. Bring your NTA, receipt notices, prior applications, and any correspondence from USCIS.
- Understand your options. You may still qualify for relief—such as adjustment of status, cancellation of removal, asylum, or voluntary departure.
- Stay proactive. Many NTAs stem from unresolved issues (like missing evidence or visa overstays) that could have been prevented with early legal guidance.
Final Thoughts
The August 2025 policy underscores a critical point: approval of a petition isn’t immunity from removal. If you or your spouse receives an NTA—or fear one may be issued—schedule a consultation with Green Family Immigration Law today. We specialize in helping families protect their status and stay together in the U.S.
