Maged & Rost

Immigration Law Group

Toll Free: (800) 488-5352 | Phone: (617) 720-5577
Client Login
  • Home
  • About
    • Our Team
    • Testimonials
    • Money Matters
    • Disclaimer
  • Practice Areas
    • EB5 Investment Immigration
    • Family Immigration
    • Business Immigration
    • Citizenship
    • Temporary Stay
    • Permanent Residence
    • Entrepreneurs
  • Immigration Resources
    • Russian
    • Initial Consultation
    • Do I Need a Lawyer?
    • Government Agencies Involved
    • My Case at USCIS
    • Preparing for USCIS Interview
    • USCIS Forms and Fees
    • Info Pass
    • Change of Address
    • International Travel
    • U.S. Employers
    • Options for Students
  • Blog
  • Contact Us

News from USCIS on the latest NTA Policy Memorandum

October 8, 2018 by Sarah Murphy-Holroyd Leave a Comment

Tweet

Drastic changes in USCIS approach to adjudicate cases will result in enforcement grip

On June 28, 2018, USCIS released a policy memo substantially increasing USCIS’s responsibility to issue Notices to Appear.  A Notice to Appear is a charging document that begins removal proceedings, requiring the recipient to appear before an immigration judge.  Previously, USCIS would only issue NTAs if they suspected fraud.

 The June 28, 2018 memo mandated that USCIS issue a Notice to Appear when an application or petition is denied, if the applicant/petitioner is “not lawfully present in the United States” at the time of the denial. 

 As an example of what would have happened under the June 28, 2018 memo: An applicant entered the U.S. on an F-1 visa.  After they applied for an Adjustment of Status (I-485), they let their F-1 status lapse, because as an I-485 applicant, they have a legal status in the U.S. while the application is being adjudicated.  If their I-485 is denied, however, USCIS would be required to immediately issue an NTA, putting the applicant into removal proceedings without being allowed, as was customary, time to either appeal the decision or leave the U.S. of their own accord.

 Because this was such a monumental shift in policy, however, USCIS was drastically unequipped to fully institute this policy and it was not immediately put into effect.  USCIS did not reveal how they planned to implement this policy until September 27, 2018, when USCIS announced that they will take an “incremental approach” to implement the June 28, 2018 memo. 

 Starting on October 1, 2018, USCIS may (but is not required to) issue NTAs on denied status-impacting applications, such as the I-485 Application to Adjust Status and I-539 Application to Change/Extend Nonimmigrant status, if the applicant is not lawfully present when the application is denied.  These changes apply as of October 1, 2018, and are will be applied regardless of when the petition or application was filed.

 Generally, USCIS will not issue an NTA immediately upon the denial of an application but will largely wait until the expiration of the appeal period.  If an NTA is issued before or during the appeal period, and the appeal is successful, USCIS will work with ICE to make them aware of this.  Once an NTA is file, however, it cannot be canceled.

 Fortunately, the new policy memo will not be implemented regarding employment-based petitions (including I-129s) or humanitarian applications at this time.   Now, more than ever, it is crucial to consult an experienced and engaged immigration attorney.  Immigration policy is changing rapidly, and it is imperative to be aware of any risks you may encounter when seeking immigration benefits. 

Filed Under: changes in uscis policy, immigration enforcement, uscis policy

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Recent Posts

  • H-4 Visas for H-1B Dependents
  • New Policy: Medical Exams for Adjustment of Status Applications
  • USCIS Processing Time Delays Reach All Time Highs

Categories

  • affidavit of support
  • changes in uscis policy
  • consular processing
  • eb-5 petition
  • employer information
  • family-based immigration
  • green card
  • green card through marriage
  • green card through marriage interview
  • h-1b
  • h1b
  • i751 removal of condition
  • immigration enforcement
  • income requirements
  • looking for lawyer
  • questions for lawyers
  • Uncategorized
  • us citizenship
  • us naturalization
  • uscis filing fees
  • uscis policy
  • uscis site inspections

Archives

Practice Areas

  • EB5 Investment Immigration
  • Family Immigration
  • Business Immigration
  • Citizenship
  • Temporary Stay
  • Permanent Residence
  • Entrepreneurs
Request a Consultation

IMMIGRATION LAW GROUP

Massachusetts Immigration Attorneys

Toll Free: (800) 488-5352
Phone: (617) 720-5577
Fax: (617) 344-1050

Quick Links

  • Initial Consultation
  • Do I Need a Lawyer?
  • Government Agencies Involved
  • My Case at USCIS
  • Preparing for USCIS Interview
  • USCIS Forms and Fees
  • INFO Pass
  • Change of Address
  • International Travel
  • U.S. Employers
  • Options for Students

The information on this Massachusetts Immigration Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Copyright © 2023 · Maged & Rost · 92 State Street 7th floor Boston, MA 02109 · Powered by ThriveHive