Does Unlawful Presence Continue to Accrue While Fighting an NTA?

Question details

Can I receive a Notice to Appear (NTA) for deportation even if I have legal immigration status or a pending application?

This question is particularly important because continued accrual of unlawful presence during removal proceedings can trigger the three-year or ten-year bars, severely limiting future immigration options.

General Rule: Yes, Unlawful Presence Continues

USCIS Updates Fees Based on H.R. 1

USCIS Updates Fees Based on H.R. 1

Release Date 

07/18/2025

U.S. Citizenship and Immigration Services is publishing a federal register notice (FRN) based on the H.R 1 Reconciliation Bill (H.R. 1). Applicants must submit the new fees with benefit requests postmarked on or after July 22, 2025. USCIS will reject any form postmarked on or after Aug. 21, 2025, without the proper fees.  

Another Problem for Legal Immigration - NTAs (Removal/Deportation Despite Legal Stay)

Another Problem for Legal Immigration - NTAs (Removal/Deportation Despite Legal Stay)

July 24, 2025

Community members and our lawyer colleagues have shared their stories. It appears:



1. The NTAs are getting resolved quickly, where you are still in the grace period and/or have a B-type petition pending. Motions to terminate are working.



2. The hearing dates are also being given in a few days or weeks.



3. The percentage of NTAs is relatively small.

USCIS Reaches Fiscal Year 2026 H-1B Cap

U.S. Citizenship and Immigration Services has received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year 2026. 

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2026 H-1B cap. USCIS will continue to accept and process petitions filed to: