Update on USCIS Policy Memo (NTAs)

Update on USCIS Policy Memo Regarding Notices to Appear (NTAs)

On 02/28/2025, USCIS released a policy memo outlining updated guidance on issuing Notices to Appear (NTAs), which initiate removal proceedings. Under this policy, USCIS will generally issue an NTA when a benefit request is denied and the individual is not lawfully present or is otherwise removable.

The memo narrows the scope for prosecutorial discretion and introduces a tracking system for its use. USCIS will issue NTAs in cases involving certain criminal charges, fraud, or misrepresentation, as well as when applications for naturalization or employment-based petitions are denied under specific conditions. While some categories like DACA and TPS remain unaffected, practitioners should carefully assess risks before filing, especially in cases with criminal history or prior immigration issues. The memo does not clearly state whether USCIS will delay NTA issuance during appeal periods, adding uncertainty for pending applications. AILA advises practitioners to screen clients thoroughly and prepare for possible removal proceedings following denials.

See the website for more information Practice Alert: USCIS Policy Memo on the Issuances of NTAs