If you are applying for a marriage-based green card, staying up to date with immigration policies is crucial. One of the most significant policies that applicants need to be aware of is the Notice to Appear (NTA) policy and how it can impact your immigration process.
In this blog post, we’ll break down what an NTA is, how the policy affects marriage-based green card applicants, and what steps you can take to protect your immigration status.
What Is a Notice to Appear (NTA)?
A Notice to Appear (NTA) is a legal document issued by U.S. Citizenship and Immigration Services (USCIS) that initiates deportation (removal) proceedings. If you receive an NTA, you are required to appear before an immigration judge to defend your case. Failure to attend your hearing can result in an automatic removal order.
How the NTA Policy Affects Marriage-Based Green Card Applicants
In recent years, USCIS has expanded its enforcement efforts, leading to more applicants receiving NTAs. Here’s how the policy impacts those applying for a marriage-based green card:
1. Denial of Adjustment of Status (Green Card) Applications
If your Adjustment of Status (Form I-485) application is denied, you may receive an NTA.
This is especially true if USCIS determines that you are out of status (i.e., you overstayed your visa or do not have lawful presence in the U.S.).
Previously, applicants could leave the U.S. voluntarily after a denial, but now, an NTA could place them in removal proceedings instead.
2. Impact on Conditional Green Card Holders
If you received a conditional green card (valid for two years), you must file Form I-751, Petition to Remove Conditions on Residence, before it expires.
Failure to file Form I-751 or submit enough evidence of a bona fide marriage may result in denial and potential issuance of an NTA.
If your marriage ends before you can remove the conditions, you may need to file for a waiver based on good faith marriage or hardship.
3. Delays and Increased Scrutiny
Under the stricter enforcement of the NTA policy, applications are reviewed more thoroughly, leading to delays in processing times for marriage-based green cards.
USCIS officers may request additional evidence (RFEs) or schedule Stokes interviews (a second interview where spouses are questioned separately to verify the legitimacy of the marriage).
4. Risk for Applicants with Previous Immigration Violations
If you overstayed a visa, entered the U.S. without inspection, or had a prior deportation order, you are at a higher risk of receiving an NTA.
USCIS may deny your case if you have unresolved removal orders, even if you are married to a U.S. citizen.
If you are unlawfully present for over 180 days, you may face a 3-year or 10-year bar from re-entering the U.S. if you leave the country.
5. Criminal Record and Fraud Allegations
USCIS conducts background checks on applicants, and any criminal history can impact your case.
Even minor offenses (such as DUI or shoplifting) can lead to denial and potential removal proceedings.
If you are accused of marriage fraud (marrying solely for immigration benefits), your application will be denied, and you may receive an NTA.
Steps to Take If You Receive an NTA
If you receive a Notice to Appear, do not panic. Here are some critical steps you should take:
Consult an Immigration Attorney Immediately
Removal proceedings are serious, and legal representation is crucial for defending your case.
An attorney can help file motions to reopen or terminate the case if USCIS wrongfully issued the NTA.
Gather Strong Evidence for Your Case
If your marriage-based green card application was denied, gather additional proof of a bona fide marriage (joint bills, lease agreements, affidavits, etc.).
If inadmissibility is the issue, look into waivers such as the I-601 Waiver for Unlawful Presence.
Prepare for the Immigration Court Hearing
Once an NTA is issued, you must attend your Master Calendar Hearing in front of an immigration judge.
Missing this hearing could lead to an automatic removal order.
File for Relief from Removal
Depending on your situation, you may be eligible for adjustment of status, asylum, cancellation of removal, or other forms of relief.
If you are eligible to reapply for a green card, ensure all documents are correctly submitted.
Final Thoughts
With the increasing enforcement of the NTA policy, marriage-based green card applicants must be extra cautious when applying for immigration benefits. Avoid mistakes, ensure your application is complete, and maintain lawful status to minimize the risk of removal proceedings.
If you are facing an NTA, a denial, or any immigration concerns, contact an experienced immigration attorney to guide you through the process.
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