The process of seeking permanent immigration benefits from USCIS has grown significantly riskier. Throughout the latter half of 2025, USCIS issued a series of policy alerts signaling a definitive return to a “rigorous, holistic, and comprehensive” evaluation standard across various applications.
This shift means immigration officers are now mandated to apply greater scrutiny to every facet of an applicant’s life, transforming routine adjudications into high-stakes reviews. The most immediate and consequential result is seen in the new Good Moral Character (GMC) Guidance for naturalization, which dramatically increases the risk of denial and, crucially, triggers a direct path to deportation proceedings.
The Policy Shift: Good Moral Character (GMC) Scrutiny
In August 2025, USCIS released new, stringent guidance on evaluating Good Moral Character for naturalization applicants (Form N-400).
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Totality-of-the-Circumstances Review: While certain crimes (like murder or drug trafficking) have always barred GMC, the new guidance emphasizes a “totality-of-the-circumstances” review for any adverse factor. This means non-criminal violations—such as tax discrepancies, minor traffic infractions, or even repeated minor omissions in previous filings—that were once overlooked are now viewed through a comprehensive lens.
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Discretionary Denial Risk: The guidance widens the officer’s discretionary authority to deny an application based on a pattern of minor issues that, taken together, suggest a lack of good moral character. This shift replaces a more lenient, rule-based approach with an officer-driven judgment call.
The Immediate Consequence: Notice to Appear (NTA)
The heightened scrutiny is compounded by a secondary, severe consequence: the increased use of the Notice to Appear (NTA).
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NTA Mandate: Under existing policy, if USCIS denies a benefit application and that denial is based on factors that make the applicant removable from the U.S., the agency is generally required to issue an NTA, placing the applicant directly into removal proceedings (deportation court).
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The Risk Multiplier: Because the new GMC guidance encourages officers to find a “totality” of adverse factors, the likelihood of a denial being based on a ground of removability (e.g., fraud, certain criminal convictions, or even failure to maintain status) increases. The naturalization interview, once the final step toward citizenship, now carries a much higher risk of becoming the gateway to deportation court.
Mandamus: A Necessary Defense Strategy
The growing complexity and heightened risk of denial-to-deportation are changing how immigration cases are managed, making the Writ of Mandamus a vital defense strategy against administrative delays.
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Mitigating Delays and Harm: Mandamus lawsuits are filed in federal court to compel USCIS to make a decision on an unreasonably delayed case. For an applicant facing the risk of an NTA, waiting years for a decision is intolerable. A Mandamus action forces the agency to act sooner.
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Strategic Preparation: By compelling an adjudication, the Mandamus action allows the applicant and their counsel to anticipate and prepare for a potential denial and the subsequent NTA. This proactive approach ensures the legal team is ready to immediately file a Motion to Terminate proceedings, seek administrative closure, or prepare a defense for the Immigration Court—a far better position than being surprised by a denial and an NTA years later.
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Preventing Mootness: Delays can render a case “moot” if, for instance, a child ages out (as per the recent CSPA update) or if a petitioner’s underlying status expires. A Mandamus action preserves the ability to secure a favorable outcome before administrative inertia destroys the case.
Conclusion
The new USCIS policy emphasizes a “rigorous, holistic” review that places applicants at a much higher risk of denial, simultaneously heightening the threat of being placed into removal proceedings. In this heightened-risk environment, waiting years for an unpredictable administrative outcome is no longer a viable strategy. The Mandamus lawsuit provides the necessary leverage to force USCIS to act and allows applicants and their attorneys to transition from a waiting game to a proactive defense strategy. To determine if your case qualifies for a Writ of Mandamus to compel timely action and to ensure your N-400 application withstands the new, stringent GMC scrutiny, contact Lforlaw today to connect with expert attorneys specializing in federal immigration litigation and naturalization defense.
Sources
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USCIS Policy Alert PA-2025-18: Revised Guidance on Good Moral Character Determinations for Naturalization (Issued August 2025, detailing the totality-of-the-circumstances review).
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USCIS Policy Manual, Vol. 12, Part D, Chapter 2: Updated guidance on the discretionary factors in Good Moral Character.
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USCIS NTA Policy (Policy Memo 602-0050.1): Guidance on when USCIS must issue a Notice to Appear after a denial of a benefit application.
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5 U.S.C. § 706(1) (Administrative Procedure Act): Legal basis for challenging agency action that is unreasonably delayed.
