On February 28, 2025, U.S. Citizenship and Immigration Services (USCIS) released Policy Memorandum PM-602-0187, titled “Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens.”
This update changes when and how USCIS will issue Notices to Appear (Form I-862)—the charging document that starts removal (deportation) proceedings in immigration court.
What Is an NTA?
A Notice to Appear (NTA) instructs an individual to appear before an immigration judge. It lists the government’s allegations, the legal basis for removal, and the charges being brought against the person. Once an NTA is filed with the immigration court, removal proceedings officially begin.
What Changed Under the 2025 Policy
The new memo replaces the prior guidance and removes broad exemptions that once shielded certain categories of removable individuals.
USCIS will now consider NTA issuance for nearly all removable cases, including situations that were previously referred to ICE or left unaddressed.
Here’s what that means in practice:
Cases Where USCIS Must Issue an NTA
USCIS is required by law or regulation to issue NTAs in these circumstances:
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Conditional Residents whose I-751 or I-829 petitions are denied
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Refugees or Asylees whose status is terminated
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Denied HRIFA or NACARA §203 applications
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Asylum referrals and credible fear determinations that require an immigration judge’s review
(These are referred to as “regulatory NTAs.”)
National Security and Criminal Grounds
DHS will prioritize NTA issuance for individuals who:
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Pose national security risks (terrorism, espionage, or similar grounds), or
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Have been arrested, charged, or convicted of a crime and are removable once their immigration benefit is denied or withdrawn.
USCIS must coordinate with ICE on such cases, especially where national security or classified information is involved.
Fraud and Misrepresentation
If USCIS finds fraud or material misrepresentation in an application or petition, it will issue an NTA even if the case was denied for another reason—such as abandonment, withdrawal, or revocation.
Fraud-related charges (like INA §212(a)(6)(C)) may appear on the NTA if supported by evidence.
Temporary Protected Status (TPS) Cases
USCIS will issue NTAs when:
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A TPS application or re-registration is denied or withdrawn, and
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The person has no other lawful status or authorization to remain.
If a country’s TPS designation ends, USCIS will coordinate with ICE and CBP to determine when to issue NTAs to former TPS holders who remain without lawful status.
Applicants Who Are No Longer in Lawful Status
If USCIS denies a benefit request and the applicant is not lawfully present in the U.S. at that time, the new policy directs officers to issue an NTA.
This applies broadly—including family, employment, humanitarian, and other benefit categories.
Special Circumstances
USCIS may also issue NTAs in situations such as:
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Asylum withdrawals
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I-90 denials where LPR status is deemed abandoned
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Expired or terminated parole
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Requests for NTAs made by applicants seeking to pursue relief in court (though these are rarely approved)
Employment-Based and Naturalization Cases
Under this policy:
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USCIS can issue NTAs to removable employment-based beneficiaries who signed their own Form I-129 (e.g., H-1B owners or E-2 investors).
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In naturalization (N-400) cases, USCIS will issue NTAs when:
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The applicant is deportable under INA §237 (e.g., due to certain criminal convictions), or
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USCIS finds the applicant was inadmissible at the time of adjustment and thus ineligible for naturalization.
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Prosecutorial Discretion (Limited Use)
While USCIS officers can choose not to issue an NTA in exceptional cases, the memo makes clear that discretion should be used rarely and only in compelling, well-documented situations.
All discretionary decisions must be logged in USCIS systems for tracking and accountability.
What This Means for Applicants
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More cases may lead to removal proceedings after a denial or withdrawal—especially those involving fraud, criminal history, or loss of lawful status.
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Applicants should maintain valid status or file timely extensions to avoid automatic NTA issuance.
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Respond honestly and fully to USCIS Requests for Evidence—false statements can now trigger both denial and removal.
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Legal counsel is crucial before withdrawing or abandoning any pending case.
Bottom Line
This policy signals a stricter enforcement posture within USCIS. The agency is moving away from its prior “benefits-only” approach and more fully integrating with DHS enforcement priorities.
While this does not mean every denial will automatically result in an NTA, the risk is now significantly higher—especially for applicants without valid status.
Effective Date: February 28, 2025
Policy Number: PM-602-0187
Title: Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens