Expanded Use of Notices to Appear (NTAs) Since Feb 2025

As noted in the MurthyDotCom NewsBrief, USCIS Notice to Appear (NTA) Memo Could Result in Harsh Consequences (04.Mar.2025), the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum in February 2025, expanding the types of situations that may lead to the issuance of a notice to appear (NTA) – a document initiating removal proceedings before an immigration court. Some individuals now are receiving NTAs under circumstances not explicitly outlined in the February 2025 memo. This trend most commonly affects those who are alleged to have fallen out of valid nonimmigrant status.

NTAs for Individuals with Pending Immigration Applications

Some NTAs have been issued recently due to claims that the individuals exceeded the duration of their lawful stay in the U.S. Many of these individuals have pending applications for adjustment of status (on form I-485), which may allow them to remain in the U.S. lawfully while awaiting a decision (i.e., in a period of authorized stay). In some cases, these applicants are working pursuant to an employment authorization document (EAD), but their prior nonimmigrant status – such as H1B – may have ended.

For example, if an employer notifies the USCIS of a job termination, the individual’s prior nonimmigrant status may be considered ended, which could lead the USCIS to issue an NTA. In other cases, an NTA may be triggered by an application for a change or extension of nonimmigrant status that is perceived to have been filed late (i.e., after the expiration of the previous status).

An NTA can carry serious consequences. Once it is issued, the USCIS may consider the individual to be accruing unlawful presence. As detailed in the MurthyDotCom InfoArticle, Differences Between: Lawful Status, Period of Authorized Stay, & Unlawful Presence (19.Apr.2022), extended periods of unlawful presence may lead to restrictions on returning to the U.S. in the future.

Immigration Court Hearings and Departure from the U.S.

When an NTA is issued, the individual is scheduled for a hearing before an immigration judge. The first hearing, known as a master calendar hearing (MCH), is usually procedural in nature, and it may take years for a full hearing on the merits of the case to be scheduled.

If a person leaves the U.S. after an NTA is issued but before attending the hearing, this may be considered a self-removal, which can result in a multi-year bar on returning to the U.S. In some situations, individuals may request voluntary departure, agreeing to leave the U.S. without contesting the charges. This may help avoid certain penalties that apply after a formal removal order.

Conclusion: Importance of Individualized Legal Guidance

It remains unclear why the USCIS is issuing NTAs in some cases where individuals appear to be in a period of authorized stay based on pending applications. Every case is different, and small details may have a significant impact on how the USCIS views a person’s status. Anyone who receives an NTA should speak with a qualified immigration attorney promptly to evaluate the specific facts and determine the appropriate next steps.

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