Immigration attorneys across the United States are sounding the alarm over a developing practice by U.S. Citizenship and Immigration Services (USCIS) of issuing Notices to Appear (NTAs) in immigration court to individuals whose applications remain pending, a move legal experts say could significantly alter how applicants navigate the immigration system.
According to immigration lawyer LaToya McBean-Pompy, Esq., USCIS has begun placing certain applicants into removal proceedings even though no final decision has been made on their pending petitions, including green card and Violence Against Women Act (VAWA) cases.
The trend, she notes, is increasingly affecting individuals who are lawfully present in the U.S. and authorized to work while awaiting adjudication of their applications.
“Many of these individuals are in full compliance with the law and have valid work authorization,” McBean-Pompy explained in a public advisory. “Yet they are being summoned to immigration court before USCIS has completed its review of their case.”
Legal practitioners observing the trend say a significant number of those impacted share a common history: a previously denied immigration petition, often related to a marriage-based application. While a prior denial does not automatically disqualify an applicant from future relief, attorneys warn it may now trigger heightened enforcement scrutiny.
Under existing immigration law, USCIS has the authority to issue NTAs in certain circumstances, particularly where an application is denied or fraud is suspected. However, legal analysts say the issuance of NTAs while cases are still pending represents a more aggressive interpretation of enforcement powers and may expose applicants to removal proceedings prematurely.
“This creates a dual-track legal battle,” said one immigration law analyst. “Applicants must now defend themselves in immigration court while simultaneously trying to secure approval of a pending benefit with USCIS.”
Immigration judges have discretion to consider available forms of relief, including adjustment of status, cancellation of removal, or other humanitarian protections. However, legal experts caution that appearing in immigration court without experienced counsel can have serious consequences.
Attorneys are urging individuals with pending USCIS cases to seek immediate legal advice if they receive a Notice to Appear, stressing that removal proceedings do not necessarily mean deportation is inevitable.
Despite growing concern within the legal community, USCIS has not issued formal guidance clarifying the scope or intent of the practice. Advocates say clearer policy direction is needed to ensure due process and prevent unnecessary disruption to applicants who are otherwise complying with immigration requirements.
As enforcement priorities continue to evolve, immigration lawyers warn that applicants with complex histories—particularly those with prior denials—should prepare for increased scrutiny and proactively assess their legal options.
