The U.S. Citizenship and Immigration Services (USCIS) has begun placing some immigrants into removal proceedings even while their applications remain pending.
The move is raising concern among applicants and immigration advocates, according to a warning issued by New York–based immigration attorney LaToya McBean-Pompy, Esq.
In a video shared on Instagram, McBean-Pompy said her law firm has received a growing number of requests from individuals who have been issued Notices to Appear (NTAs) in immigration court despite having unresolved cases with USCIS.
“USCIS is starting to place people in removal proceedings who currently have a case pending with them and no decision has been reached yet,” she said. “We’re seeing people come to us for help because they have a pending case with USCIS, yet USCIS has issued a notice to appear in immigration court.”
According to McBean-Pompy, the affected individuals include applicants with pending green card cases and even Violence Against Women Act (VAWA) self-petitions. Many of them, she noted, are lawfully present in the United States, hold valid work permits, and have authorization to remain in the country while their applications are being adjudicated.
A common factor among many of the cases, she explained, is a prior immigration denial—often involving an earlier marriage-based petition.
“The common thread that we’re seeing is that these individuals had a case that was denied in the past,” McBean-Pompy said. “For many, it was a marriage case that was previously denied.”
The development has raised alarms within immigrant communities, particularly among those who believed their pending status protected them from removal while USCIS reviewed their applications. While McBean-Pompy emphasized that the situation is serious, she urged affected individuals not to panic, noting that legal options may still be available.
“This is a growing concern, but do not panic,” she said, adding that removal proceedings can still allow individuals to seek relief before an immigration judge.
USCIS has not publicly commented on the reported increase in NTAs being issued to applicants with pending cases. Immigration lawyers say the trend may reflect stricter enforcement policies and closer scrutiny of applicants with prior denials.
Advocates are advising immigrants with pending USCIS cases to closely monitor their mail and immigration status and to seek qualified legal representation if they receive a Notice to Appear.
