What steps should a green card holder take immediately after receiving a Notice to Appear (NTA)?
Executive summary
A sudden Notice to Appear (NTA) places even lawful permanent residents into removal proceedings when USCIS determines a benefit denial, abandonment, fraud, criminality, or lack of lawful status; USCIS’s February 28, 2025 policy expands circumstances under which NTAs will be issued and makes NTAs more likely after denied benefits such as I-90 or I-751 in certain cases (policy memo) [1] [2]. Legal counsel and quick documentary steps are repeatedly recommended by immigration firms because the new guidance increases referrals to ICE and narrows prior exemptions, though a narrow exception exists for most employment‑based beneficiaries in some analyses [3] [4].
1. Read the NTA and confirm what it actually says — calendar, charges, and filing agency
An NTA is the charging document that kicks off removal proceedings and must list the allegations and the date/time to appear; the USCIS memo and practitioner summaries stress that NTAs are filed with the Immigration Court and will specify the charges of removability and the hearing schedule [1] [5]. Do not rely on memory: preserve the original NTA and verify whether it was issued by USCIS, ICE, or CBP because each agency’s practices and downstream referrals differ [1] [3].
2. Immediately secure experienced immigration counsel — the new memo elevates stakes
Multiple law firms and immigration practices analyzing the February 28, 2025 memorandum advise hiring an immigration attorney without delay because the memo expands when adjudicators refer denied benefit requests for removal and signals stricter enforcement that can affect green card renewals, I-751s, naturalization, and other cases [6] [2] [5]. Counsel can evaluate defenses such as adjustment of status, cancellation of removal, motions to reopen, or prosecutorial discretion and can communicate with DHS components—actions laypersons are unlikely to accomplish effectively [6] [4].
3. Gather and preserve immigration and criminal records right away
Under the new guidance USCIS may issue NTAs when benefit denials reveal alleged fraud/misrepresentation, criminal history, abandonment of residency, or loss of lawful status; practitioners therefore tell clients to collect green card documents, prior filings (I-90, I-751, I-130, I-485), I-94s, court dispositions, and police records to allow counsel to assess eligibility and rebut allegations [2] [5]. These documents matter both for immediate defense and for any future applications—removal proceedings become a permanent record that affects future immigration options [7].
4. Time is not on your side — act fast on deadlines and adjudication windows
Immigration court and administrative processes have strict filing deadlines. Law firms emphasize that after a denial or an NTA, there may be narrow windows to file for adjustment or to request a continuance or bond; the 2025 memo reduces prior informal “exemptions,” increasing the likelihood of a referral to ICE upon denial and thus the importance of quick legal steps [4] [8].
5. Understand the common factual triggers for NTAs under the 2025 policy
USCIS’s memorandum and practitioner summaries list typical triggers: being not lawfully present at time of denial, abandonment of permanent residence (e.g., I-90 denial), parole expiration/termination, fraud or material misrepresentation discovered on application, or criminal convictions identified during adjudication [1] [5] [2]. The guidance brought back broader authority similar to the 2018 memo but with noted caveats in analysis by large immigration practices [3] [4].
6. Note narrow exceptions and disagreements among experts
Some analyses say the memo includes an important exception for most employment‑based beneficiaries—USCIS will generally not issue NTAs for those beneficiaries unless they are the signatory on an I‑129—while other firms describe the policy as broadly restoring the 2018 approach and caution that beneficiaries of family‑based petitions and other applicants face elevated risk [3] [6] [4]. This is a real disagreement in legal commentary; affected people should not assume any categorical protection without case‑specific legal review [3] [6].
7. Prepare for collateral consequences and long-term planning
Practitioners warn that an NTA and removal proceeding become part of the immigration record and will prompt closer scrutiny of future visas, naturalization, and petitions; counsel can advise whether to pursue administrative remedies, motions, or prosecutorial discretion to mitigate long-term damage [7] [6].
Limitations and next steps: available sources summarize the February 28, 2025 USCIS memo and give legal practice guidance, but they do not provide a step‑by‑step court filing checklist tailored to your precise facts—seek an immigration attorney promptly and bring the NTA and all immigration/criminal records to the first meeting [1] [5] [6].