Thinking of Applying for a Green Card? USCIS Warns You Could Face Deportation

“Immigrants filing from within the U.S. are urged to consult attorneys as new rules expand when USCIS may initiate removal proceedings.”

In a significant shift in immigration enforcement policy, U.S. Citizenship and Immigration Services (USCIS) has updated its guidance to clarify that beneficiaries of family-based green card petitions may be subject to removal (deportation) proceedings under certain circumstances even while their petition is pending. Under the new policy guidance found in Volume 6, Part B, Chapter 5 of the USCIS Policy Manual, USCIS may issue a Notice to Appear (NTA) if it determines that a beneficiary is removable under U.S. immigration law.

Key Policy Details

1. Removal Proceedings Risk

   
   

   USCIS now explicitly states that “if USCIS determines the alien beneficiary is removable and amenable to removal from the United States, USCIS may issue a Notice to Appear (NTA) placing the beneficiary in removal proceedings.” This signals that approval of an immigrant petition (for example, a family-based Form I-130 petition) does not protect someone from removal, nor does it give them any immigration status by itself. Petitioners and beneficiaries must understand that filing a petition does not, by itself, stop removal actions.

   
   

2. No Safe Category Exemptions

   
   

   According to the related USCIS policy memorandum (February 28, 2025), USCIS is updating its NTA policy to more aggressively enforce removal proceedings in a number of cases, including those involving national security, public safety, and ensuring integrity of the immigration system. Moreover, USCIS indicates it will no longer exempt certain classes or categories of removable aliens from enforcement, including issuance of NTAs. However, the memo still includes program-specific rules and exceptions — for example, DACA information-use limits, employment-based case procedures, and coordination requirements in national-security cases.

   
   

3. What a Family-Based Petition Means

   
   

   A family-based petition, once approved, does not by itself grant lawful status, nor does it prevent removal. USCIS policy makes it clear that beneficiaries remain subject to removal until they have either entered as lawful permanent residents (if abroad) or have been granted adjustment of status (if they are in the U.S.). Additionally, petitioners are able to withdraw a case, and approved petitions might be automatically revoked under certain conditions prior to adjustment of status or admission into the U.S.

   
   

 Green Card Applications and the Risk of Deportation

Implications for Immigrants

This policy update has several important implications, especially for immigrants physically present in the U.S. who are seeking to adjust their status via family-based petitions.

• Increased Risk of Removal Proceedings: Even after approval of an I-130 (or similar petition), USCIS could initiate removal proceedings via an NTA if the beneficiary is found removable. Factors that make someone “removable” vary (criminal history, immigration status violations, etc.).

• No Assured Safety in Filing: Filing a petition is less and less a guarantee of safety from removal. Immigrants cannot assume that their petition will shield them from enforcement action. They must assess their immigration history, current status, and any potential inadmissibility or deportability issues before filing.

• Importance of Legal Advice: Given the stakes, speaking with an immigration attorney before submitting a petition or adjustment of status application is now more critical than ever. An attorney can help clarify where the risks lie, whether waivers or exemptions might apply, or whether there are more protective legal paths. Remember, every case is different and there’s not a ‘one-size-fits-all’ solution for everyone.

• Strategic Decisions Become Crucial: In many cases, whether to file from within the U.S. (adjustment of status) vs. via a consular process abroad may need to be reconsidered. Some individuals may be safer applying from outside of the country, depending on travel needs, admissibility bars, or prior violations.

  
  

What Remains Unclear or Challenging

While the policy is fairly explicit, some of the operational details and practical risks are less clear, which may pose challenges.

• What “Removable” Means in Practice: The statutes define many grounds of removability. How USCIS applies these in individual cases will be very fact-specific. Some beneficiaries may not realize that even minor immigration infractions or errors in earlier filings could put them in jeopardy.

• Discretion and Variation Across Cases: USCIS retains discretion, and this is not new. Not every case will result in an NTA. It is likely that whether an NTA is issued may depend on the severity of the removability issue, whether the person has other protections, precedent, and the discretion of the specific adjudicating officer.

• Timing and Notices: USCIS will make these removability findings before or after petition approval, during adjustment of status adjudication or elsewhere remains somewhat case-dependent. Beneficiaries will want to be alert to every stage of their applications and potential requests for evidence.

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What to Do If You’re Affected

For immigrants and their families who are considering or currently undergoing the green card process, here are steps to take in light of the USCIS policy update:

1. Consult a Qualified Immigration Attorney Before Filing - Understanding your immigration history, any inadmissibility or deportability issues, and whether possible waivers apply, is essential.

   
   

2. Gather Information and Documents Early - Be ready to provide full disclosure of any prior immigration violations, criminal records, or other factors that might trigger removability.

   
   

3. Consider the Adjustment of Status vs. Consular Processing Options - Sometimes applying via a U.S. consulate abroad may carry different risks than adjusting status inside the U.S.

   
   

4. Monitor USCIS Policy Updates - USCIS can change its rules or interpretations. Staying current with policy manual updates, rulemaking, and case law is important.

   
   

5. Evaluate All Legal Remedies or Protections - If you anticipate a removability issue, explore whether any relief options (waivers, cancellation of removal, asylum, etc.) might apply.

   
   

USCIS’s updated guidance marks a meaningful change: family-based petition beneficiaries once considered relatively safe from removal risk during processing may now face a Notice to Appear if found removable. While USCIS has always had this discretion, the policy highlights that pending petitions do not automatically protect one from immigration enforcement. For anyone in the green card queue, particularly those already in the U.S, the importance of proactive legal counseling, understanding one’s own circumstances, and making strategic decisions cannot be overlooked.

Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Phone 305-371-8846. The law firm was established in 2012. Ms. Elizee earned her Juris Doctorate at the University of Miami School of Law and her Masters in Law from the University of Washington School of Law.