On February 28, 2025, U.S. Citizenship and Immigration Services (USCIS) released Policy Memorandum PM-602-0187. This memo outlines new procedures for issuing I-862 Notices to Appear to noncitizens deemed inadmissible or deportable.
This latest USCIS NTA news policy change matches Trump’s 2025 deportation plan. This plan aims to increase removals, and aims to strengthen immigration enforcement. The goal is to enhance national security, uphold public safety, and ensure strict enforcement of U.S. immigration laws.
While we do not handle removal defense cases, staying informed is crucial. Learn if you’re at risk and what steps you can take to protect yourself.
What Is a USCIS Notice to Appear (NTA)?
A notice to appear (Form I-862) is an official charging document that initiates removal (deportation) proceedings before an Immigration Judge. A notice to appear immigration details include:
- The legal basis for the removal proceedings.
- Factual allegations supporting removal.
- Charges against the noncitizen.
USCIS, along with Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP), can issue NTAs. This formally starts the process to remove individuals.
Key Changes in USCIS’s NTA Policy
This new memorandum removes exemptions for certain categories of individuals, meaning that more people may now receive an NTA if found inadmissible or deportable.
Embedded USCIS NTA Policy Documents
Below are the official USCIS policy documents detailing the updated NTA procedures, including eligibility criteria, enforcement priorities, and implementation guidelines.
Feel free to review these documents to gain a deeper understanding of the policy updates.
When Can You Get a Notice to Appear (NTA) from USCIS?
USCIS has new rules for sending Notices to Appear, which can start the deportation process. If you’re applying for a visa, green card, or other immigration papers, it’s important to know when this could happen. Below, we explain the main reasons USCIS might issue a notice to appear:
- Statutorily Required Notices to Appear:
- Termination of conditional permanent resident status (I-751 or I-829 denials).
- Termination of refugee status.
- Denial of Haitian Refugee Immigration Fairness Act (HRIFA) adjustment applications.
- Asylum-related cases (e.g., asylum referrals, termination of asylum, credible fear cases).
- National Security Cases:
- Individuals suspected of terrorist activities, espionage, or other national security threats
- USCIS will coordinate with ICE in these cases to ensure proper adjudication.
- Criminal Cases:
- Noncitizens arrested, charged, or convicted of a criminal offense may receive an NTA if their immigration application is denied.
- Criminal grounds for removal must be supported by evidence in the record.
- Fraud and Misrepresentation:
- A notice to appear will be given when fraud or serious misrepresentation is found. This is true even if the denial is for different reasons. These reasons can include lack of prosecution, abandonment, or withdrawal of the petition.
Who Could Receive an NTA Under This Policy?
Under this policy, USCIS will no longer exempt certain groups from potential removal proceedings. Non-citizens with denied applications, status terminations, or fraud findings could now get an NTA. They may be placed in removal proceedings.
How Does the New USCIS NTA Policy Affect You?
If you are applying for immigration benefits, ensure all your documents are accurate, complete, and truthful. This will help you avoid any fraud-related NTAs. Additionally, individuals with criminal records or unresolved immigration status issues should consult an immigration attorney to understand how this policy may impact their case.
Getting Legal Help Is Now More Important Than Ever
The government is getting stricter with immigration enforcement, and these changes could impact your case. If you're applying for a visa, green card, or any other immigration benefit, it's important to stay informed and get the right immigration process help.
Don't wait until it's too late. Talk to our trusted immigration in California experts today about how immigration policy changes might affect you. Tell us about your case to schedule a consultation. We’ll help you review your situation so that you can navigate legal processes with confidence!
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