USCIS will begin implementation of its updated Policy Memorandum on issuance of Notice to Appear (NTA). Under the updated USCIS guidance issued on June 28, 2018, it had announced that it will issue a Notice to Appear for a wider range of cases where the individual is removable and there is evidence of fraud, criminal activity, or where an applicant is denied an immigration benefit and is unlawfully present in the United States.
Starting October 1, 2018, USCIS will implement the updated USCIS NTA guidance on denied applications, including Form I-485s (Adjustment of Status application) and Form I-539s (extension or change of nonimmigrant status requests). It will send denial letters to applicants providing adequate notice when an application is denied, and may issue an NTA to applicants who are no longer in a period of authorized stay, and do not depart the United States. Employment-based petitions – including H-1B, L-1, E and O petitions – are not subject to the enforcement policy at this time. Humanitarian application and petitions are also exempted. The existing guidance would remain in effect for these cases.
If you have any questions about the impact of the new USCIS Notice To Appear memo in your situation or need advice in filing for a visa extension petition or immigration benefit, consult an experienced VisaPro immigration attorney.
Francois Toubol, CTO, SIM Partners Inc
