USCIS to Begin Implementing New Policy Memorandum on Notices to Appear

Starting October 1, 2018 USCIS will take an incremental approach to implement new policy actions in which it may issue Notices To Appear on cases that are denied and status-impacting applications. These cases include Applications to Register Permanent  as well as other cases such as an Application to Extend or Change Nonimmigrant Status. An NTA is a document that instructs an individual to appear before an immigration judge. This is the first step in starting removal proceedings. USCIS will send denial letters for status-impacting applications that ensures benefit seekers are provided adequate notice when an application for a benefit is denied. If applicants are no longer in a period of authorized stay, and do not depart the United States, USCIS may issue an NTA. USCIS will provide details on how applicants can review information regarding their period of authorized stay, check travel compliance, or validate departure from the United States. It is important to note that this new June 2018 NTA policy memo will not be implemented with respect to employment-based petitions and humanitarian applications and petitions at this time. Existing guidance for these case types will remain in effect. In efforts to determine which cases qualify under the new memo policy, USCIS will continue to prioritize cases of individuals with criminal records, fraud, or national security concerns. There has been no change to the current processes for issuing NTAs on these case types, and USCIS will continue to use its discretion in issuing NTAs for these cases.

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