A Denied Application Can Trigger Removal
There is an important change every person with a pending or planned immigration application should understand: a denial can now lead directly to removal proceedings. Under USCIS guidance in effect since February 28, 2025, the agency reported on June 12, 2025 that it had already issued more than 26,700 Notices to Appear (NTAs) to people it determined had no legal basis to remain in the country.
This is general information about current guidance, not legal advice — and it is exactly the kind of change where getting advice before you file can matter enormously. You can read the announcement at uscis.gov.
What a Notice to Appear is
A Notice to Appear (NTA) is the charging document that places a person in removal (deportation) proceedings before an immigration judge. Receiving one means the government is formally seeking to remove you and you must appear in immigration court.
What changed
For years, USCIS issued NTAs selectively. Under the current guidance, USCIS is generally defaulting toward issuing an NTA after an unfavorable decision — that is, after it denies a benefit request — when the applicant is removable from the United States. In limited situations, the agency may still exercise prosecutorial discretion and decline to issue one.
USCIS reported issuing roughly 1,840 NTAs per week, including about 500 asylum-related and 100 TPS-related NTAs weekly.
What did not change
The guidance did not change:
- Procedures for cases where an NTA is required by statute or regulation; or
- The NTA procedures for TPS or DACA cases specifically.
It also noted that if a country's TPS designation is terminated, former TPS beneficiaries who lack any other authorization to remain may be subject to an NTA.
Why this matters: think before you file
This is the critical takeaway. For someone who is out of status or otherwise removable, filing an application that gets denied can now be the event that lands them in immigration court. That does not mean you should never file — many applications are strong and the right move — but it does mean:
> Before filing, especially if you may be removable, get an honest assessment of the risk. A weak or ineligible application is no longer just a lost fee; a denial can become a removal case.
A former–Immigration Judge's perspective is valuable precisely here: understanding how a case looks from the bench helps weigh whether to file, how to strengthen a case, and what the realistic risks are.
How we can help
If you are considering filing — for a green card, work permit, TPS-related relief, or anything else — and there is any question about your status or removability, talk to us first. As a firm led by a former U.S. Immigration Judge, we assess the real risk, strengthen filings, and represent people in removal proceedings when needed. If you have a filing in mind or already received an NTA, contact us.
Frequently asked questions
Can USCIS put me in removal proceedings if my application is denied?
Under current guidance, USCIS generally issues a Notice to Appear after denying a benefit request when the applicant is removable. An NTA places you in removal proceedings before an immigration judge.
Does this mean I should not file anything?
No — many applications are appropriate and beneficial. It means you should assess the risk first, especially if you are out of status, because a denial can now lead to removal proceedings.
Did the rules change for TPS or DACA?
The guidance did not change the specific NTA procedures for TPS or DACA cases. Separately, if a country's TPS is terminated, former beneficiaries without other authorization may face an NTA.
What should I do if I received an NTA?
Treat it seriously — it begins a court case. Do not miss a hearing, and get legal representation as soon as possible.
This article is general legal information about current guidance, not legal advice, and does not create an attorney–client relationship. It does not guarantee any outcome. Policies change and every case is fact-specific; consult a qualified attorney before filing or if you have received a Notice to Appear.