"A denied immigration application is no longer just a setback—it could mean a one-way ticket out of the U.S."
In a significant policy shift, U.S. Citizenship and Immigration Services (USCIS) has expanded its authority to initiate removal proceedings. If your immigration application gets denied and you no longer have lawful status, you may now receive a Notice to Appear (NTA), officially starting deportation proceedings against you. This policy, effective immediately, puts thousands of applicants at risk.
Key Changes Under the New Policy:
Expanded NTA Issuance: USCIS can now issue NTAs to applicants who, upon denial of their immigration benefit, lack lawful status. This includes anyone applying for a green card (Form I-485) or a visa extension/change of status (Form I-539), those whose I-94 status has expired by the time their application is denied.
Exemptions for Employment-Based Petition Beneficiaries: While principal beneficiaries of employment-based petitions are generally exempt from NTA issuance under this policy, their dependent family members are not. This means spouses and children may face removal proceedings if their applications are denied and they lack valid status.
Inclusion of Criminal Conduct: The policy also broadens USCIS's authority to issue NTAs to individuals with prior criminal charges, arrests, or convictions, even if they are not subject to mandatory detention.
Why This Policy Matters
Under previous policies, USCIS only issued NTAs in specific situations, leaving most removal proceedings to ICE. Now, USCIS itself will actively initiate deportation proceedings against a wider group of applicants. If your application is denied and you have no underlying legal status, you could be placed in immigration court with limited options to stay in the U.S.
This makes properly preparing your application more important than ever. A single missing document, an incomplete form, or incorrect legal arguments can now mean the difference between getting approved and facing removal.
Be Careful Where You Get Help
Notarios, consultants, and low-cost immigration services may not be your best option. Many lack legal training, and if they make mistakes, they cannot represent you in court. A denial caused by poor preparation can now have devastating consequences.
At Tran Flores Law, our seasoned immigration attorney possesses an in-depth understanding of the complexities and severe consequences that potential deportation can entail. We are dedicated to providing our clients with the highest quality legal representation and are committed to minimizing the risk of application denial or removal proceedings through the meticulous preparation and presentation of robust legal cases.
Remember, you do not have to face these challenges alone. Contact Tran Flores Law today at ☎️ (512) 894-9984 for a consultation with our experienced immigration attorney. We are here to help you navigate the complexities of the immigration system and fight for your right to stay in the U.S.
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