USCIS announced that it would begin implementing the June 28 “Updated
Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs)
in Cases Involving Inadmissible and Deportable Aliens Policy Memorandum” on
Oct. 1, 2018. USCIS indicated that it would take an incremental approach to
implement this memo. An NTA is a document that instructs an individual to
appear before an immigration judge. This is the first step in starting
Starting Oct. 1, 2018, USCIS may issue NTAs on denied status impacting
applications, including but not limited to, Form I-485 and Form I-539.
USCIS confirmed that that the June 2018 NTA Policy Memo would not be
implemented with respect to employment-based petitions and humanitarian
applications and petitions at this time.
USCIS indicated that it would send denial letters for status-impacting
applications that ensure 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.
During a public teleconference held last Thursday, Sept. 27, USCIS indicated
that it would not immediately issue an NTA upon denying an application
although it is authorized to do so. If an appeal or motion to reopen is
timely filed (within 33 days of the date of the denial letter in most cases)
, USCIS most likely will not issue an NTA while the appeal or motion to
reopen is pending.
USCIS indicated that it would provide updates and information on the
implementation of this policy memo on the new Notice to Appear Policy
Memorandum page at its website.
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