With changes underway in U.S. immigration policy, many immigrants are understandably worried:
“If my application is denied, will I be deported?”
It’s a legitimate fear—especially now that U.S. Citizenship and Immigration Services (USCIS) has confirmed a new policy effective February 28, 2025, that could escalate the risk of removal for certain applicants.
Here’s what’s actually happening—and what you need to know to protect yourself.
What’s New?
Starting February 28, 2025, if USCIS denies your immigration application and you have no other valid immigration status, they can automatically issue a Notice to Appear (NTA)—officially starting deportation proceedings.
This is part of a broader shift toward stricter enforcement of immigration laws, following policy proposals from conservative think tanks and advisers close to the Trump campaign.
What Is a Notice to Appear (NTA)?
A Notice to Appear is a formal charging document that puts you in removal (deportation) proceedings before an immigration judge.
It lists:
- Your name and A-number
- Your current address
- The alleged facts (e.g., that you entered without inspection or overstayed)
- The legal basis (specific laws) for your potential deportation
Once issued, you’re required to appear in immigration court and respond to the charges. You may be able to apply for relief (like asylum, cancellation of removal, or other forms of protection), but the process can be long, stressful, and high-stakes.
Will Every Denial Lead to Deportation?
Not necessarily. It depends on:
- The reason your case was denied
- Whether you're deportable based on your record or immigration status
Let’s look at a few examples:
✅ Denied But Not Deported:
You apply for citizenship and fail the naturalization test twice. Your application is denied.
Result: You are not placed in removal proceedings just for failing the test.
❌ Denied and At Risk:
You apply for citizenship and during the review, USCIS discovers that:
- You lied on your application,
- You have a disqualifying criminal record, or
- You previously voted unlawfully
Result: Your case is denied, and an NTA could be issued because the reason for denial reveals deportable conduct.
What If You Have Status Through Something Else?
If you applied for a green card through marriage while on a valid student visa (F-1), and your green card case is denied—but you’ve followed all F-1 rules—then you should not be placed in deportation proceedings.
But it’s important to note: Overzealous enforcement could still result in an NTA, even if you're technically still in valid status. If that happens, you would need to defend yourself in immigration court and may be able to get the case dismissed.
How to Protect Yourself
Here’s how to reduce the risk of being placed in deportation:
- Work with a qualified immigration attorney before applying for any benefit
- Make sure your current status is valid and well-documented
- Be 100% honest in your applications and interviews
- Disclose any criminal history to your attorney before filing
If you receive a Notice to Appear and believe it was issued unfairly, you still have the right to fight it in immigration court. You can request that the case be terminated or seek relief depending on your circumstances.
Final Thoughts
The new USCIS policy marks a serious shift: the denial of an immigration benefit can now more easily lead to deportation proceedings if you're out of status or have something problematic in your background.
But don’t let fear stop you from applying for benefits you’re eligible for. The key is preparation. Understand your legal risks, know your options, and get legal advice before filing anything with USCIS.