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USCIS PM-602-0187: Your Immigration Case Could Be Denied and Referred to ICE

Many immigrants believe that removal proceedings only happen after a serious criminal conviction or immigration fraud finding.

Unfortunately, that is no longer a safe assumption.

Under USCIS Policy Memorandum PM-602-0187, USCIS expanded its guidance regarding when immigration cases may be referred for the issuance of a Notice to Appear (NTA), the document that initiates removal (deportation) proceedings before an Immigration Judge. USCIS, ICE, and CBP all have authority to issue NTAs and place individuals into removal proceedings.

The practical takeaway is simple:

If your immigration application is denied and you no longer have lawful status in the United States, USCIS may refer your case for removal proceedings.

What Is USCIS PM-602-0187?

On February 28, 2025, USCIS issued Policy Memorandum PM-602-0187, titled “Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens.” The policy explains the circumstances under which USCIS officers may issue or refer cases for the issuance of Notices to Appear.

The policy states that USCIS will no longer broadly exempt classes of removable noncitizens from potential enforcement and referral to ICE.

What Is a Notice to Appear (NTA)?

A Notice to Appear is the charging document that starts removal proceedings in Immigration Court. Once an NTA is issued and filed with the Immigration Court, the noncitizen may be required to appear before an Immigration Judge to determine whether they may remain in the United States.

In many situations, the issuance of an NTA can be the beginning of a deportation case.

The Biggest Misconception About Immigration Applications

Many applicants believe:

For many applicants, this is no longer true.

If USCIS denies a benefit request and concludes that the applicant is removable and lacks lawful status, the agency may issue or refer the case for an NTA.

Cases Can Be Denied for Simple Mistakes

One of the most concerning aspects of the current immigration environment is that not every denial results from fraud or criminal conduct.

Applications may be denied because an applicant:

If the application is denied and the applicant has no independent lawful immigration status, the denial may place the applicant at risk of referral to ICE and removal proceedings.

Missing a Biometrics Appointment Can Have Serious Consequences

USCIS routinely schedules biometrics appointments for fingerprints, photographs, and background checks.

Many applicants mistakenly believe they can simply reschedule later or ignore the notice.

In reality, a failure to appear for biometrics may result in the denial of the underlying application. If the applicant lacks lawful status, that denial may ultimately expose the applicant to NTA issuance and removal proceedings.

Missing an Interview Can Result in Denial

USCIS may require interviews for:

Failure to attend an interview often results in denial or administrative closure of the case.

Under current enforcement policies, applicants should not assume the matter ends there. If lawful status no longer exists after the denial, referral for immigration court proceedings may become a possibility.

Ignoring an RFE or NOID Is More Dangerous Than Ever

USCIS recently announced that it may deny certain applications without first issuing a Request for Evidence or Notice of Intent to Deny.

However, even when USCIS does issue an RFE or NOID, applicants must respond timely and completely.

Failure to respond may result in denial of the application. Depending on the applicant’s immigration status, that denial may trigger referral for removal proceedings under current NTA policies.

Fraud and Misrepresentation Cases Face Even Greater Risk

PM-602-0187 specifically provides for NTA issuance in cases involving substantiated fraud or material misrepresentation, even when the application is denied for another reason.

This means that immigration officers are increasingly reviewing:

Inconsistencies can create significant immigration consequences.

Why Hiring an Immigration Attorney Matters

Many immigration denials occur because applicants:

When applicants are represented by counsel, critical notices are generally sent to both the attorney and the client, creating an additional layer of protection against missed deadlines and overlooked correspondence.

Given the potential immigration consequences of a denial, proper case management is more important than ever.

How to Protect Yourself

1. Attend Every Appointment

Never miss a biometrics appointment or interview without first seeking guidance regarding rescheduling procedures.

2. Update Your Address Immediately

USCIS correspondence is often sent by mail. A missed notice can lead to a missed deadline.

3. Respond to Every RFE and NOID

Do not assume USCIS will give additional opportunities to submit evidence.

4. Keep Copies of Everything

Maintain copies of:

5. Speak With an Immigration Attorney

A denial today may create much larger problems than simply filing again tomorrow.

The Bottom Line

Under USCIS PM-602-0187, a denied immigration application may have consequences far beyond the loss of filing fees. In many situations, if an applicant is left without lawful status after a denial, USCIS may issue or refer the case for a Notice to Appear, placing the individual into removal proceedings before an Immigration Judge.

For that reason, every immigration application should be prepared as though the outcome could affect not only the requested benefit, but also the applicant’s ability to remain in the United States.

For more information on USCIS PM-602-0187: Your Immigration Case Could Be Denied and Referred to ICE a consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 777-1236 today!

Common Questions We Can Help You With

  1. What is USCIS Policy Memorandum PM-602-0187?
  2. Can USCIS refer a denied immigration case to ICE?
  3. What happens after USCIS denies my green card application?
  4. Can I be placed in removal proceedings after an I-485 denial?
  5. Will USCIS issue a Notice to Appear (NTA) after a case is denied?
  6. Can missing a biometrics appointment lead to deportation proceedings?
  7. What happens if I miss my USCIS interview?
  8. Can USCIS deny my application for failing to attend biometrics?
  9. What happens if I do not respond to a Request for Evidence (RFE)?
  10. Can a missed RFE deadline result in removal proceedings?
  11. What is a Notice to Appear (NTA) in immigration court?
  12. Does USCIS share denied cases with ICE?
  13. Can a green card denial trigger deportation proceedings?
  14. What happens if I miss a USCIS notice because I moved?
  15. Will USCIS deny my case if I never receive an interview notice?
  16. Can immigration applications be denied for simple mistakes?
  17. What immigration benefits can lead to an NTA if denied?
  18. Do I need an immigration attorney to monitor USCIS notices?
  19. How can I avoid being referred to ICE after an immigration denial?
  20. What should I do if USCIS denies my case and I am out of status?
  21. Can a denied marriage green card case result in deportation?
  22. Can an asylum denial lead to removal proceedings?
  23. What happens if USCIS denies my adjustment of status application?
  24. Can I refile after a USCIS denial?
  25. Does USCIS issue NTAs under the Trump administration?
  26. What are the consequences of missing a USCIS biometrics appointment?
  27. Can a denied immigration application affect my ability to stay in the United States?
  28. How do removal proceedings begin?
  29. What is the difference between a USCIS denial and an NTA?
  30. When does USCIS refer a case to ICE?

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