How a Denied Application Can Lead to a Notice to Appear and Removal Proceedings

On February 28, 2025, USCIS issued an important policy memorandum that could significantly impact those applying to USCIS for an immigration benefit. Carolina Antonini, founding partner of Antonini & Cohen, explains the risk of a denied application and how it may affect your case. 

Schedule a consultation today with an Antonini & Cohen Atlanta immigration attorney to reduce your risk of a denied application. Our experienced attorneys conduct a thorough analysis of your case and develop a detailed action plan.

Removal Proceedings for Denied Cases 

The memorandum directs USCIS to issue a Notice to Appear (NTA) to any noncitizen whose application for an immigration benefit has been denied, thus initiating removal proceedings. This means that a denial by USCIS may result in being placed in removal proceedings before an immigration judge. 

Who Is Affected?

The memorandum expands the categories of cases where USCIS will issue an NTA to include:

• Termination of conditional residence status

• Termination of refugee or asylum status

• Denied asylum applications

• Cases involving a national security risk

• Applicants with a criminal history or those involved in fraud

• Denial of a case where the noncitizen lacks immigration status or is subject to a ground of removability

What Does This Mean for You?

Applicants should be aware that a denied application could trigger the issuance of an NTA. Please note, though, that if an applicant is placed in removal proceedings, an immigration judge may have jurisdiction to review whether USCIS’ denial was correct. In doing so, an immigration judge may decide the denial was in error and then approve the application. In other circumstances, an applicant might be eligible for additional forms of relief that are only available before an immigration judge.

Have a Backup Plan

Navigating the immigration system, especially after a denial, can be overwhelming. But the right legal representation can make all the difference. The attorneys at Antonini & Cohen have combined experience of well over 100 years in representing clients before both USCIS and in removal proceedings.

📞 Whether you’re facing a denied application or already in removal proceedings, contact us today at (470) 428-3200 or via our contact form to discuss your case with an experienced immigration attorney. 

At Antonini & Cohen, we know how.