USCIS Issuing Notices to Appear: What It Means for Pending Cases

In recent years, U.S. Citizenship and Immigration Services (USCIS) has increased its practice of issuing Notices to Appear (NTAs) — even in situations where a person’s immigration case is still pending with USCIS. This development has created significant confusion and stress for many applicants who believed their cases were moving forward with USCIS, only to suddenly find themselves placed in removal (deportation) proceedings.

What Is a Notice to Appear (NTA)?

A Notice to Appear is a charging document that officially begins removal proceedings in immigration court. It lists the government’s allegations about a person’s immigration status and the reasons it believes they should be removed from the United States. Once issued, the case is transferred from USCIS to the immigration court system under the Department of Justice.

Why Are NTAs Being Issued in Pending Cases?

USCIS has the authority to issue NTAs in certain circumstances, particularly when:

• An application (such as adjustment of status, asylum, or another benefit) is denied and the applicant is left without lawful status.

• USCIS identifies fraud, misrepresentation, or certain criminal issues.

• The agency decides to refer a case to the immigration court instead of continuing adjudication.

What has been especially concerning is that NTAs may still be issued while applications are pending, creating uncertainty for applicants who are actively pursuing immigration relief.

The Impact on Applicants

For individuals who receive an NTA while their case is still under review, the consequences can be serious:

• You may now need to appear before an immigration judge, even if USCIS has not yet made a final decision on your application.

• Your immigration options could become more complicated, as your case will now proceed in two different forums: USCIS and immigration court.

• Missing a court date after receiving an NTA can result in an automatic removal order.

  
  

What You Can Do if You Receive an NTA

If you or a loved one receives a Notice to Appear, it is important not to panic — but it is equally important not to ignore it. You should:

1. Consult an experienced immigration attorney immediately.

2. Bring both your pending case documents and the NTA to your attorney so they can assess your options.

3. Explore whether your case can still move forward with USCIS while also being defended in immigration court.

   
   

How Omole Law Firm Can Help

At Omole Law Firm, we understand how alarming it can be to receive a Notice to Appear, especially while your immigration case is still pending. We assist clients in navigating both USCIS and immigration court proceedings, ensuring that your rights are protected at every stage. Whether through defending against deportation, pursuing relief in court, or coordinating strategies with pending USCIS applications, we are here to stand by you.

Conclusion

The increasing use of NTAs — even in pending cases — is a reminder of how quickly an immigration matter can change course. Having strong legal representation is essential to protecting your future and ensuring your case is handled properly.

If you’ve received a Notice to Appear or are concerned about how this may affect your case, contact Omole Law Firm today to schedule a consultation.