Homeland Security will begin issuing Notices to Appear for certain immigration cases

Homeland Security will begin issuing Notices to Appear for certain immigration cases

Image

The Department of Homeland Security will begin issuing Notices to Appear (NTA) in certain immigrant visa petitions including but not limited to Form I-485, Application to Register Permanent Residence or Adjust Status, and Form I-539, Application to Extend/Change Nonimmigrant Status. NTAs are the first step in removal proceedings, requiring an appearance before an immigration judge.

During a teleconference on September 27, 2018, USCIS discussed their plans for implementing a  policy memorandum: “Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens.”

Policy Memorandum Quick Facts:

  • I-130, I-140, I-129, and employment-based visa petitions are not included in this policy memo.
  • The implementation of this memo will start on October 1, 2018.
  • Applications still pending, even if filed before October 1, 2018, will be affected by this memo.
  • USCIS will usually issue the NTA only after the expiration of the appeal period.

What Cases Are Affected:

  • Fraudulent or misrepresented cases involving evidence of public benefit abuse.
  • Criminal cases where the applicant is charged or convicted of a criminal offence.
  • N-400, Application for Naturalization cases that were denied because of a criminal offence.
  • Unlawful residence cases where the applicant is illegally present in the United States.

See below for the full USCIS memorandum.