Introduction

Immigration Court is not the end of the road; it's a battleground. Recent policy updates have made it more crucial than ever to understand the legal landscape of immigration proceedings. On February 28, 2025, USCIS released a major policy update that significantly expands its enforcement scope. This change affects undocumented immigrants, those with expired status, criminal records, or instances of immigration fraud. Under this new policy, USCIS is issuing Notices to Appear (NTA) more frequently in cases where applications are denied, legal status ends, or protections like Temporary Protected Status (TPS) are revoked. This means many applicants now face a greater risk of removal proceedings. In this blog, we will unpack the critical details of this update and explain how you can protect your rights.

What is a Notice to Appear (NTA)?

A Notice to Appear (NTA) is a formal legal document issued by the U.S. government to initiate removal (deportation) proceedings against a noncitizen. An NTA is the first step in the legal process where the government formally accuses an individual of being removable from the United States. It is typically issued by USCIS (U.S. Citizenship and Immigration Services), ICE (Immigration and Customs Enforcement), or CBP (Customs and Border Protection).

How to Read and Understand Your NTA

When you receive an NTA, it is important to understand each part of the document. An NTA generally contains the following key sections:

1. Personal Information: Lists your full name, date of birth, and current address.
2. Allegations: The specific charges or violations that USCIS believes you committed, such as overstaying a visa or criminal conduct.
3. Legal Basis for Removal: Citations of specific sections of the Immigration and Nationality Act (INA) that justify the removal proceedings.
4. Hearing Information: The date, time, and location of your first hearing, known as the Master Hearing—missing this could lead to a removal order in your absence.
5. Your Rights: Your right to legal representation (at your own expense).

Understanding these sections is crucial for preparing your defense. If you notice errors or discrepancies, it is important to raise these issues as early as possible, either with your attorney or at the hearing.

New Policy Update: 2025 Expansion of NTA Issuance

On February 28, 2025, USCIS announced a sweeping update to its NTA policy with the release of the “Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens” policy memorandum. This new guidance mirrors the June 2018 NTA policy from the Trump Administration, expanding the situations in which NTAs are issued. Here are the main categories and what they mean for you:

1. Statutory or Regulatory Requirements:

NTAs are automatically issued for specific denials, such as:

• I-751 Denials (Petition to Remove Conditions on Residence)

• I-829 Denials (Petition by Investor to Remove Conditions)

• Asylum and NACARA Denials

• Termination of Refugee Status

• Haitian Refugee Immigration Fairness Act (HRIFA) Denials

Example: If you apply to remove conditions on your green card (I-751) and it is denied, you will likely receive an NTA.

2. Fraud and Misrepresentation:

NTAs will be issued if there is evidence of fraud or material misrepresentation in your application, even if you withdraw the application.

Example: If you provide false information about your marital history on your marriage-based immigration application, you may receive a Notice to Appear (NTA) if the misrepresentation is discovered, even if you choose to withdraw your application.

3. Criminal Record

USCIS works closely with ICE (Immigration and Customs Enforcement) when there is evidence of criminal activity. If you are arrested, charged, or convicted of a crime, USCIS may refer your case to ICE for further investigation. ICE determines whether you should be detained or issued an NTA. If the crime is considered severe enough, USCIS may issue an NTA directly, especially if your immigration application is denied.

Example: If you apply for a work permit and are arrested for a serious crime like drug trafficking, USCIS may refer your case to ICE. If ICE decides the crime is severe, you could be detained, and an NTA may be issued.

4. Certain Naturalization Cases

USCIS will issue an NTA if issues are discovered during the processing of your N-400 Application for Naturalization that make you removable from the United States. There are two main situations where this happens:

• Deportable Offenses: If you are applying for citizenship but have committed certain crimes that make you deportable under INA 237, USCIS will issue an NTA. This includes crimes like aggravated felonies committed before November 29, 1990, or deportable offenses committed after you obtained your green card.  

Example: If you obtained your green card seven years ago through marriage but were later arrested and convicted of felony money laundering, and you subsequently applied for citizenship, USCIS may discover your criminal history. Under these circumstances, USCIS is likely to issue a Notice to Appear (NTA).

• Inadmissibility at Time of Adjustment: If USCIS determines that you were not eligible for a green card at the time you received it—whether through fraud, misrepresentation, or undisclosed criminal history—you will be considered inadmissible. This makes you both ineligible for naturalization and deportable under INA 237.

Example: If you apply for naturalization and USCIS discovers that you were a member of the Chinese Communist Party (CCP), but you falsely indicated “No” during your initial green card application, they may determine that you were not legally admissible at that time. Under current policy, this could result in a Notice to Appear (NTA).

5. Lack of Lawful Status:

• If your application is denied and you have no legal status, USCIS will issue an NTA.

Example: If you entered the United States on a tourist visa, married a U.S. citizen, and applied for a marriage-based green card, but the marriage fell apart before your green card was approved, USCIS, under current policy, will not only deny your I-485 application but is also likely to issue a Notice to Appear (NTA).

You've Received an NTA—What's Next?

Receiving an NTA marks the beginning of legal proceedings in Immigration Court. Here’s what you can expect:

1. Master Calendar Hearing (MCH):

• This is the first hearing you will attend. It is typically brief, and the immigration judge will confirm your information and explain the charges against you.

• During this hearing, you will be asked if you admit or deny the allegations. It is strongly recommended to have legal representation during this stage.

• If you do not have a lawyer, you can request more time to find one.

2. Individual Hearing (Merits Hearing):

• If you deny the charges, the judge will schedule a Merits Hearing. This is where you present your case, submit evidence, and argue why you should be allowed to stay in the United States.

• You can bring witnesses, submit documents, and provide legal arguments to challenge the claims in the NTA.

3. Possible Outcomes:

• Relief Granted: If the judge finds that you qualify for relief, you may be allowed to stay in the United States.

• Voluntary Departure: In some cases, you may be given the option to leave the U.S. voluntarily instead of being deported.

• Removal Order: If the judge rules against you, you may be ordered to leave the United States. You have the right to appeal this decision.

How Law Offices of Sabrina Li Can Help

At the Law Offices of Sabrina Li, we understand how overwhelming the immigration process can be, especially when facing removal proceedings. Our experienced team provides comprehensive legal support, including:

1. Case Assessment and Strategic Planning:

• We evaluate your situation and build a customized defense strategy.

2. Evidence Collection and Submission:

• Our team ensures that all relevant documents are properly collected, organized, and presented to the court.

3. Court Representation:

• We represent you in Master Calendar Hearings and Merits Hearings, ensuring that your rights are protected at every stage.

4. Post-Hearing Support:

• If your case is denied, we can help you file appeals or motions to reopen your case.

Call to Action: Protect Your Future Today

The issuance of an NTA is a serious matter that requires immediate and strategic action. At the Law Offices of Sabrina Li, we are committed to standing by your side and fighting for your right to remain in the United States. If you or a loved one is facing this situation, don't wait—call us now at 213-375-8096 or visit www.sabrinali.law to schedule a consultation. Take the first step towards protecting your future today.