Policy & Law Updates

New USCIS Policy: What It Means for Your Immigration Case  

New USCIS Policy: What It Means for Your Immigration Case  

If you’re in the United States and waiting for USCIS (United States Citizenship and Immigration Services) to make a decision on your immigration application, there’s an important update you should understand. Recently, USCIS made significant changes to how they handle Notices to Appear (NTAs), which is the document that officially starts the deportation (removal) process. Understanding this update can help you better prepare and protect yourself during your immigration journey.

What is a Notice to Appear (NTA)?  

An NTA is a formal notice from USCIS instructing you to appear in immigration court. The document explains the reasons why the government believes you should be deported from the United States. Receiving an NTA means you’re facing possible removal from the U.S. unless you can successfully defend yourself before an immigration judge.

What Changed as of February 28, 2025?  

USCIS updated its guidelines to issue NTAs more frequently than before. Now, when USCIS denies certain immigration applications, they are more likely to immediately issue an NTA. This change affects anyone who no longer has a lawful immigration status once their application is denied.

Previously, USCIS might have delayed or avoided issuing NTAs in some cases. Now, they’re directed to take quicker action to enforce immigration laws. This shift means more individuals might find themselves facing deportation proceedings soon after their applications are denied.

Specific Situations When USCIS Issues an NTA  

Under the new rules, USCIS is particularly likely to issue an NTA if:

  • Your conditional residency (conditional green card based on marriage) is terminated if your I-751 is denied or you fail to file your I-751 in time.
  • Your application for permanent residency (green card), asylum, extension/change of status, or other immigration status is denied, leaving you without lawful status.
  • USCIS finds evidence that you provided false information or lied on your immigration application.
  • You have criminal convictions or charges that make you deportable.
  • You’re deemed a risk to public safety or national security.

What Does This Mean for Your Pending Application?  

If your immigration application—such as a marriage-based green card—is currently pending, this policy change means you must be even more cautious and prepared. A denial of your application now carries greater risks, potentially leading directly to removal proceedings.

To summarize clearly:

  • Approval of your application means you continue moving toward obtaining lawful immigration status.
  • Denial of your application increases the likelihood of USCIS starting deportation proceedings against you.

The Importance of Accurate and Complete Applications  

This new USCIS policy highlights the importance of providing complete, truthful, and timely documentation with your immigration application. Small mistakes or misunderstandings can lead to serious problems, including denial and deportation proceedings.

Here’s why careful preparation matters:

  • Avoid common mistakes: Simple errors, incomplete paperwork, or misunderstandings about required documents can cause delays or lead to denial.
  • Quick responses: If USCIS requests additional evidence or information, it’s critical to respond quickly and accurately.

Navigating immigration processes can be complicated, especially under these new guidelines. Working closely with an experienced immigration lawyer can significantly reduce the risk of mistakes and improve your chances of approval.

An immigration attorney can help by:

  • Reviewing your application carefully before submission.
  • Preparing strong responses if USCIS asks for additional evidence.
  • Providing guidance and support through each step of the process.
  • Explaining your rights and responsibilities clearly.

What Happens If Your Immigration Application Is Denied?  

If USCIS denies your immigration application and you no longer have valid legal status in the U.S., you will likely receive an NTA. Once you receive this notice, you are required to appear in immigration court. At your hearing, an immigration judge will decide whether you may remain in the United States or must leave.

Going through immigration court can be stressful and challenging. It’s important to understand the process clearly and prepare your case well. The judge will consider evidence from both you and the government. You have the right to present your case and explain why you believe you should stay.

How to Protect Yourself and Your Family  

Given these changes, it’s crucial to take proactive steps to protect yourself and your family:

  • Consult an immigration lawyer: Professional legal assistance is your strongest asset. An attorney can evaluate your situation, provide advice tailored specifically to your case, and advocate for you if your application is denied.
  • Prepare thoroughly: Ensure your application is complete and truthful. Double-check every document and detail before submission.
  • Act immediately if you receive an NTA: Quick legal action can significantly affect your chances of successfully staying in the U.S.

Understanding the Role of Immigration Courts  

If you end up in immigration court, here’s what you can expect:

  • Initial Hearing (Master Calendar Hearing): The judge explains your rights and the charges against you. You’ll tell the court how you plan to respond and what kind of relief you’re seeking.
  • Individual Hearing: This hearing is like a trial. You present evidence, testify, and argue why you should be allowed to stay. The government will also present its evidence.
  • Judge’s Decision: After hearing both sides, the judge decides whether you can remain in the U.S. or must leave.

You may hire your own immigration attorney to represent you in immigration court, but you are not entitled to have one provided to you by the government like in criminal trials. Understanding this process helps reduce fear and confusion, making it easier to plan and defend your case effectively.

A skilled immigration lawyer can significantly improve your chances of a successful outcome by:

  • Explaining complex legal terms and processes in simple language.
  • Preparing a strong defense and presenting your case effectively.
  • Helping you gather crucial evidence and testimonies.
  • Negotiating with the government’s attorneys.
  • Offering emotional support and guidance throughout the process.

Final Thoughts  

This new USCIS policy means that the stakes for immigration applications are higher than ever. Mistakes are now more costly, and denials can lead directly to deportation proceedings. Being informed and prepared is the best way to protect yourself.

If you have any concerns, questions, or need assistance with your immigration case, contacting an immigration lawyer immediately is your best option. Professional help can mean the difference between staying safely in the U.S. and facing deportation.

If you need guidance or have questions about your specific immigration situation, please reach out to our office→. We’re here to help you every step of the way.

A Personal Message from David Vyborny, Founder of Occam Immigration

Don’t Let the Latest Immigration Headlines Derail Your Case​

I’m David Vyborny, the founder and owner of Occam Immigration. 

I want to speak to you directly about a topic that has many of our clients feeling worried: the recent wave of headlines about immigration enforcement and deportations. If you have a case pending with us, you’re probably wondering how these stories might affect you, especially when you see ICE raids and talk of stricter policies back in the news again.

First things first: I completely understand how stressful this can be. Watching the news or scrolling through social media can make it feel like you’re at risk of deportation any minute. However, I want to reassure you that while each administration might set different tones or priorities, the underlying application process and your path to securing legal status haven’t suddenly changed. And yes, deportations have been happening all along, even if it wasn’t always in the spotlight.

Let me share some numbers with you to show just how much deportation activity has varied from one administration to the next—and why you should keep moving forward with your immigration case.

The Reality of Deportations Across Administrations

  • Under President Biden’s administration, deportations have actually been higher than many people might realize. In fiscal year 2024, ICE deported 271,484 noncitizens, the highest level of deportations since 2014. This number even surpassed the peak of 267,260 deportations recorded during President Trump’s time in fiscal year 2019.

  • Here’s a quick look at the annual deportations under the Biden administration:

    • Fiscal Year 2021: Approximately 59,000

    • Fiscal Year 2022: Approximately 72,000

    • Fiscal Year 2023: Approximately 143,000

    • Fiscal Year 2024: 271,484

  • Title 42 Expulsions: These figures don’t include the expulsions that happened under the pandemic-era policy known as Title 42. If we factor those in, the Biden administration carried out around 4.7 million deportations and expulsions over four years—more than twice as many as were expelled under Trump.

What do these statistics mean? They illustrate that deportations have been happening consistently, regardless of who’s in the White House. They also show that the current media focus on tougher enforcement isn’t entirely new. In other words, even if you feel like there’s a sudden crackdown, the numbers remind us that immigration enforcement has been an ongoing reality—and your best move is to keep your case on track, rather than panic.

Why You Shouldn’t Panic

1. Your Case Is Still Being Processed

Despite the dramatic headlines, USCIS (U.S. Citizenship and Immigration Services) hasn’t stopped accepting or reviewing applications. If you have a petition pending, it’s still moving through the system just as before. And if you haven’t yet filed, now is not the time to delay. Getting your application in the queue sooner rather than later is generally in your best interest.

2. ICE Raids and Enforcement Actions Aren’t New

ICE’s mandate is to enforce immigration laws—a role it has played under many presidents. The media may focus more on these actions at certain times, but as the numbers above show, deportations have continued under both Republican and Democratic administrations. The biggest difference is often media coverage, which can make it seem like there’s been a sudden, drastic shift.

3. Don’t Let Sensational Stories Distract You

It’s easy to get caught up in sensational headlines or stories circulating on social media. Before you let fear take over, reach out to my team or me. We’ll give you accurate, up-to-date information about your specific case. Misinformation can be harmful—especially if it leads you to make decisions (like stopping your application) that could jeopardize your immigration future.

Staying Calm and Focused Is Key

Follow Our Instructions to Keep Your Case Moving  

You already know that each step of the immigration process has its own set of requirements—from filling out forms correctly to showing up for biometrics appointments. When fear sets in, it can be tempting to ignore mail from USCIS or postpone paperwork because you’re unsure what’s safe. But missing deadlines or failing to respond to Requests for Evidence can delay your case or lead to a denial. Trust me: staying on top of these tasks is crucial.

Timely Action Protects You  

Staying current with your application, promptly handling paperwork, and attending all appointments not only keeps your file active but also often places you in a safer position if enforcement priorities change. The earlier you secure your legal status, the more solid your footing becomes.

My Commitment to You

I founded Occam Immigration with a straightforward mission: to guide people through the U.S. immigration process as simply and securely as possible. We do this by:

  • Staying Informed

  • Providing Personalized Advice

  • Communicating Clearly

  • Offering Peace of Mind

My Personal Advice and Assurance

I recognize how unsettling it can be to see these reports about hundreds of thousands of deportations. But it’s important to understand the big picture: enforcement has been robust under multiple administrations, and that hasn’t stopped people from successfully getting their green cards, work permits, or other immigration benefits. With the right preparation and a knowledgeable legal team behind you, there’s no need to abandon your goals.

A Few Tips:  

  • Get Trusted Information: If you see alarming headlines, call us. We’d rather you get clarity from someone who understands your case than act on fear or rumors.

  • Stay Organized: Keep documents, receipts, and notices together. Quick access to your paperwork makes it easier for us to address any questions or requests from USCIS.

  • Maintain Your Appointments: Whether it’s an interview or a biometrics appointment, missing it can create unnecessary delays.

We’re Here to Help—Contact Us Today

If you’re feeling overwhelmed or unsure about your pending application, please reach out. My team and I at Occam Immigration are committed to providing reassurance, answers, and the legal guidance you need to keep your case on track—no matter what the headlines say.

Thank you for placing your trust in me and my team. Remember, we’re in this together. Even in an ever-changing immigration climate, we’ll work diligently to help you secure the future you deserve.

Disclaimer: This article is for informational purposes only and does not replace personalized legal advice. Every situation is unique. If you need specific guidance, please consult directly with an attorney.