USCIS To Implement Revised NTA Policy

09/27/2018

Yesterday afternoon USCIS announced it will begin a phased implementation of its revised June 28th guidance on the issuance of Notices to Appear (NTA) to individuals who qualify as removable, including cases in which upon the denial of an application or petition an applicant is unlawfully present in the United States. Starting October 1st, USCIS may issue NTAs, which begin removal proceedings for foreign nationals, for denied Form I-485 and I-539 applications that leave applicants without lawful status upon their denial.

In its announcement, USCIS explained, "USCIS will send denial letters for status-impacting applications that ensures benefit seekers are provided adequate notice when an application for a benefit is denied. If applicants are no longer in a period of authorized stay, and do not depart the United States, USCIS may issue an NTA." USCIS also noted it is not implementing the revised NTA policy for employment-based petitions at this time but will continue to prioritize cases of individuals with criminal records, fraud, or national security concerns. 

USCIS previously postponed the implementation of the revised NTA policy because it had not yet issued operational guidance on the new policy. USCIS is holding a teleconference this afternoon from 2 to 3 p.m. EST to provide an overview of the revised NTA policy and respond to pre-submitted questions. The teleconference is free and open to the public. For more information, see the event details on USCIS's website.