USCIS Previously Released “Notice to Appear” Policy Clarified and Commences Monday, October 1, 2018
As
previously announced by OIS, USCIS released a policy
memorandum on June 28, 2018 that broadens the scope of the
issuance of Notices to Appear (NTA). As explained in the announcement, an NTA
may now be issued to an individual after the issuance of an unfavorable
decision of an application, petition, or other benefit request. In additional
to commencing removal proceedings, the NTA instructs a foreign national
individual in the U.S. to appear before an immigration judge on a certain date.
Please refer to our previous announcement of July 19, 2018 for additional
details.
On September
26, 2018, USCIS announced
changes to the “Notice to Appear” policy memorandum. In addition to this
announcement, OIS has learned the following:
- NTAs may be issued to those applicants who were denied
Form I-539, Application to Extend/Change Nonimmigrant Status, as well as those
denied Form I-485, Application to Register for Permanent Residence or
Adjust Status;
- At this time, the June 28, 2018 “Notice to Appear” policy
memorandum will not be implemented with respect to employment-based
petitions and humanitarian applications.
This would include forms such as I-129 (e.g. H-1B classification),
I-140, and I-130, as well as certain I-485 applications;
- Although the denial of a Form I-485, Application to
Register for Permanent Residence or Adjust Status may result in a NTA, it
would not apply if the applicant has an underlying valid nonimmigrant
status, such as H-1B status, that is not affected by the I-485 denial.
As a
reminder, because removal proceedings occur in immigration court and are
adversarial in nature, OIS strongly recommends those issued a Notice to Appear
by USCIS to seek personal legal advice from a qualified immigration attorney.
Questions?
Feel free to contact
the Office of International Services.