USCIS Notice to Appear policy: when a denied application can lead to removal proceedings

Status: In effect now — Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (USCIS PM-602-0187) (USCIS Policy Memorandum PM-602-0187 (Feb. 28, 2025))

In effect since February 28, 2025. Under USCIS Policy Memorandum PM-602-0187, USCIS issues a Notice to Appear (NTA) — the charging document that starts removal (deportation) proceedings in immigration court — when it denies an immigration benefit request and the person is no longer in lawful status or is otherwise removable, even if they were lawfully present when they filed. NTAs are also issued in cases involving fraud or misrepresentation (even when the denial was for another reason), criminal arrests, charges, or convictions, and national-security concerns. The memo restores the broader June 2018 approach, narrows officers' discretion not to issue an NTA, and ends the prior practice of exempting whole categories of removable people. USCIS reported initiating removal proceedings against more than 26,000 people in the policy's first months, and more than 172,000 NTAs have been reported issued since it took effect. This is general information, not legal advice.

Next step: The policy is operative now with no set end date. USCIS continues to expand NTA issuance; watch for updated implementation guidance, newly published NTA-issuance data, or any litigation challenging the policy.

Verified against the primary source as of 2026-07-25 — status can change with a single court ruling. Official source.

What’s happening

In effect since February 28, 2025. Under USCIS Policy Memorandum PM-602-0187, USCIS issues a Notice to Appear (NTA) — the charging document that starts removal (deportation) proceedings in immigration court — when it denies an immigration benefit request and the person is no longer in lawful status or is otherwise removable, even if they were lawfully present when they filed. NTAs are also issued in cases involving fraud or misrepresentation (even when the denial was for another reason), criminal arrests, charges, or convictions, and national-security concerns. The memo restores the broader June 2018 approach, narrows officers’ discretion not to issue an NTA, and ends the prior practice of exempting whole categories of removable people. USCIS reported initiating removal proceedings against more than 26,000 people in the policy’s first months, and more than 172,000 NTAs have been reported issued since it took effect. This is general information, not legal advice.

Who it affects

People in the United States who apply to USCIS for an immigration benefit — such as adjustment of status, an extension or change of status, a green-card renewal, naturalization, or asylum — and are denied while out of lawful status or otherwise removable. Under this policy a denial can lead directly to an NTA and the start of removal proceedings. Most employment-based petition beneficiaries are carved out of the policy, but their dependents (including Form I-539 applicants) are not. This is general information, not legal advice; consult an attorney about your specific situation.

How it got here

  1. Jun 28, 2018 USCIS issues memo PM-602-0050.1, the original guidance expanding NTA issuance under the first Trump administration, directing NTAs after many benefit denials.
  2. Jan 20, 2021 A Department of Homeland Security memorandum rescinds the 2018 NTA guidance; USCIS returns to the narrower 2011 enforcement-priority guidance.
  3. Feb 28, 2025 USCIS issues memo PM-602-0187, "Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens," effective immediately — restoring and expanding the 2018 approach and narrowing officers' discretion not to issue an NTA.
  4. Jun 12, 2025 USCIS announces it has initiated removal proceedings against more than 26,000 people since the policy took effect on February 28, 2025.

What to watch next

The policy is operative now with no set end date. USCIS continues to expand NTA issuance; watch for updated implementation guidance, newly published NTA-issuance data, or any litigation challenging the policy.

Official sources

This page is general information about ongoing litigation, not legal advice. A case’s status can change with a single ruling, and outcomes can turn on facts specific to each person. For advice on a specific situation, consult a licensed immigration attorney or a DOJ-accredited representative.