Los Angeles — I-485 Denial Deportation Risk is increasing for immigrants as more green card applicants face immediate removal proceedings after their applications are denied, immigration attorneys say.
In the past, family-based adjustment of status applications (Form I-485) were often simply denied without further action. But attorneys now report a noticeable rise in cases where applicants receive a Notice to Appear (NTA) in immigration court following a denial.
“Applicants now face a much greater chance of being placed into deportation proceedings if their case is denied,” immigration attorneys said. “This is a time when families must evaluate the green card process much more carefully.”
Arrests Reported During Immigration Interviews
Recent cases highlight the growing I-485 Denial Deportation Risk.
One Korean immigrant who applied for permanent residency through a U.S. citizen child attended a green card interview earlier this year at the U.S. Citizenship and Immigration Services (USCIS) office in downtown Los Angeles. According to attorneys, the applicant was arrested on the spot, detained and later placed into removal proceedings.
Similar incidents have also been reported in marriage-based cases.
“One of my clients applying for a green card through a U.S. citizen spouse was arrested during the interview,” an immigration attorney said.
USCIS Policy Driving the Increase
The trend is closely linked to stricter immigration enforcement policies.
USCIS strengthened its internal guidance last year, directing officers to issue an NTA when an immigration benefit is denied and the applicant lacks lawful status.
Statistics reflect the change. According to immigration data, about 26,700 people were placed into removal proceedings between February and June of last year after the policy shift. That equals roughly 1,800 NTAs issued per week.
The cases include denials across multiple immigration benefits, not just green card applications.
Past Immigration Records Also Under Review
Attorneys warn that past immigration history can also trigger removal proceedings.
Brian Oh, an immigration attorney, said that individuals whose I-485 applications were denied in the past may now face renewed scrutiny.
“In some cases, USCIS is revisiting older files,” Oh said. “If someone remained in the United States without lawful status after a prior denial, that record could lead to a new NTA.”
He also warned that applicants who once attended schools affiliated with the Prodee University visa fraud case may face additional scrutiny. Federal courts previously ruled the operation was linked to immigration fraud, making that educational history potentially problematic.
Waivers Required for Fraud Findings
Applicants connected to fraud-related findings must typically obtain an I-601 waiver before pursuing a green card or citizenship.
To qualify, the applicant must have a U.S. citizen or permanent resident spouse or parent, and must prove that the relative would suffer extreme hardship if the waiver were denied.
“In the past, people who briefly attended those schools were sometimes approved without a waiver,” Oh said. “But today, approval without a waiver is virtually impossible.”
Enforcement Expanding to Past Approvals
Federal immigration officials have also signaled that enforcement may extend beyond new cases.
Joseph Edlow, director of USCIS, recently stated that the agency is expanding efforts to investigate immigration fraud and related violations.
“We are strengthening enforcement against immigration fraud and criminal violations,” Edlow said. “That includes reviewing past approvals.”
He added that authorities will expand investigations in cooperation with Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP).
“If people think past cases are beyond review, they are mistaken,” he said. “We will revisit them.”
