USCIS is continuing to implement the Policy Memorandum (PM) on Notices to Appear (NTAs). The memo was initially issued on June 28, 2018 and a delay in its implementation was announced in July. USCIS formally began incrementally implementing the PM on NTAs on October 1, 2018 for denied Forms I-485 and I-539.
GLF issued a newsletter in July regarding the details of the ill-conceived PM on NTAs and the transformation of the USCIS into an enforcement agency. It also discussed grounds for which USCIS may issue an NTA. In August, GLF discussed the delay in the implementation of the NTA memo. Furthermore, in October, GLF issued an update about the implementation of the memo. You may review all earlier newsletters on our website at www.gokarelaw.com.
Starting November 19, 2018, USCIS may issue NTAs on denials of several types of petitions and applications, including:
1.I-914/I-914A, Application for T Nonimmigrant Status;
2.I-918/I-918A, Petition for U Nonimmigrant Status;
3.I-360, Petition for Amerasian, Widow(er), or Special Immigrant (VAWA Self Petitions and Special Immigrant Juvenile Status Petitions;
4.I-730, Refugee/Asylee Relative Petitions – Beneficiary in US;
5.I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant; and
6.I-485, Application to Register Permanent Resident or Adjust Status (with the underlying form types listed above).
Currently, USCIS will not implement the NTA memo for employment-based petitions such as H-1Bs and L-1s.
USCIS will continue to send denial letters to adequately notify applicants of their period of authorized stay, checking travel compliance or validating departure from the US. USCIS will issue an NTA if denied applicants who are not in a period of authorized stay continue to remain in the US. USCIS is prioritizing cases regarding individuals with criminal records, fraud, or national security concerns for referral for removal proceedings and the agency will use its discretion in prioritizing cases.
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GLF will continue to follow further developments in this matter and we will provide updates through our Newsletter as and when they become available.
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