The New Wave of NTAs: What to Know If Your Immigration Case Was Denied Years Ago
Over the past few months, immigration attorneys and advocacy groups have noticed a worrying pattern: individuals whose immigration cases were denied years ago — sometimes a decade or more — are suddenly receiving Notices to Appear (NTAs) in immigration court.
This new surge is not limited to asylum denials or withdrawals. It also includes any prior immigration denials, such as green card applications, work permits, and waivers. For many, cases they thought were long behind them are now resurfacing in the form of removal proceedings.
Why the Surge Is Happening
In February 2025, USCIS issued a new Policy Memorandum titled Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens. (uscis.gov)
This policy significantly broadened the circumstances under which USCIS may issue an NTA. Among them:
Any denial of an immigration benefit — including asylum, green cards, work permits, waivers, and more.
Withdrawals of asylum or other applications under certain conditions.
Termination or expiration of lawful status without another status in place.
Since the policy took effect, USCIS has publicly announced it has initiated more than 26,700 removal proceedings under the new guidelines. (uscis.gov)
What USCIS Officers Are Saying
From my own conversations with USCIS officers, I have confirmed that many of these NTAs are being issued automatically 45 days after a denial. This is not discretionary in most cases — the system is designed to generate the NTA if no appeal or motion has been filed within that timeframe.
I was able to persuade an officer to cancel an NTA in one particular case, but in my professional opinion, that was an anomaly. Once an NTA is issued, it is extremely unlikely to be withdrawn. This makes filing an appeal or motion within the allowed time more critical than ever.
Key Legal Questions & Risks
For individuals in this situation, there are several pressing legal risks and unsettled questions:
Retroactive application — Can USCIS really reach back to denials that happened 10+ years ago? Are there any limits under due process or administrative law?
Effect of Withdrawal — If someone withdrew their asylum or other application years ago, are they still vulnerable to an NTA? Does the withdrawal help or hurt their chances now?
Continuous presence & eligibility for relief — Many forms of relief (such as cancellation of removal for non-LPRs) require 10 years of continuous physical presence. An NTA may trigger the “stop-time rule,” which cuts off accrual of presence. However, in Pereira v. Sessions (2018), the Supreme Court held that NTAs lacking time and place details do not trigger the stop-time rule. (en.wikipedia.org)
Due process concerns — For older cases, records may be missing, witnesses unavailable, and personal circumstances have drastically changed. Fairness and accuracy are major concerns.
Prosecutorial discretion — While the memo expands NTA issuance, officers still retain discretion in certain situations. Individuals with strong equities — such as long residence, U.S. citizen family members, or significant community ties — may argue for discretion to avoid issuance or pursue termination in court.
Why Filing Appeals Matters
Because of the 45-day automatic issuance rule, appealing or filing a motion is now essential. An appeal can:
Preserve your rights while your case is under review.
Prevent the automatic generation of an NTA in many cases.
Keep your options open for adjusting status or pursuing other relief.
Failing to act after a denial is no longer safe. Time is not on your side under this policy.
Who Is Affected
The broadened policy may affect:
Individuals whose asylum claims were denied or withdrawn, even if that was 10 or 15 years ago.
People whose green card, work permit, or waiver applications were denied.
Those who previously had lawful status but lost it after a denial and did not resolve their case.
Even if you have been living in the U.S. for many years without issue, your old denial could now result in an NTA.
What To Do If You Receive (or Fear Receiving) an NTA
Consult an immigration attorney immediately — the 45-day clock is critical.
File appeals or motions quickly — to stop automatic issuance.
Collect all your records — original applications, denial notices, withdrawal forms, proof of presence, and prior status.
Check the NTA carefully — defective NTAs may provide legal challenges under Pereira.
Explore relief and equities — such as cancellation of removal, asylum-based protections, or requests for prosecutorial discretion.
Why This Matters
Uncertainty for long-settled individuals — Many people assumed that because years had passed since their denial, they were safe. That is no longer true.
Chilling effect — Fear of removal may deter people from applying for benefits or reopening cases.
Administrative and fairness concerns — The government may face difficulty proving old denials, while individuals must defend themselves despite changed life circumstances.
Conclusion
The February 2025 USCIS policy represents a major shift: NTAs are now being issued for any prior immigration denial, not just asylum. USCIS officers have confirmed that many are generated automatically 45 days after a denial if no appeal or motion is filed.
I was able to stop one NTA through direct advocacy, but that was an exception. For most, once the NTA is issued, it proceeds.
If you’ve had an immigration denial in the past — whether asylum, a green card, a waiver, or any other application — you cannot assume the matter is closed. The best protection is immediate legal action and timely appeals.
Resources
USCIS Policy Memorandum on NTA Issuance (Feb. 28, 2025) — uscis.gov
USCIS News Release on Removal Proceedings — uscis.gov
Supreme Court Case Pereira v. Sessions (2018) — Wikipedia summary