Share

Immigration Law Blog

Friday, September 28, 2018

USCIS to Begin Implementing New PM on NTAs on October 1, 2018

On September 26, 2018, USCIS issued an update that they will begin implementing their June 28th Policy Memorandum (PM) 602-0050.1 pertaining to the referral of cases and issuance of Notices to Appear (NTAs) in cases involving “inadmissible and removable” individuals.  For more information about this new Policy Memorandum, please see our previous blog entry on this subject. 

An NTA is a document that instructs an individual to appear before an immigration judge. This is the first step in starting removal proceedings. Starting Oct. 1, 2018, USCIS may issue NTAs on denied status-impacting applications, including but not limited to I-485 Permanent Residence Applications and I-539 Extension or Change-of-Nonimmigrant-Status Applications.  

USCIS will send denial letters for status-impacted applicants to ensure they are provided “adequate” of the denial.  If the applicant is no longer in a period of authorized stay and does not depart the U.S., USCIS may issue an NTA.  

The good news is that the newly issued update for the Policy Memo states that it will not be applied to employment-based petitions, as was previously stated (as well as humanitarian applications).  Existing guidance for these case types will remain in effect.  

USCIS will continue to prioritize cases of individuals with criminal records, fraud, or national security concerns.  There has been no change to the current processes for issuing NTAs on these case types, and USCIS will continue to use its discretion in issuing NTAs for these cases.

We will continue to update this new policy guidance as more information becomes available.  For additional details regarding the new Policy Memorandum, you may also refer to the USCIS Notice to Appear Policy Memorandum page.

Archived Posts

2018
2017
December
November
October
September
August
July
June
May
April
March
February
January
2016
December
November
October
September
August
July
June
May
April
March
February
January
2015
2014
2013




© 2018 Fuller & Fuller LLP | Attorney Advertising
845 Third Ave., Suite 1700, New York, NY 10022-6601
| Phone: 212. 317.0700

Services Overview | Nonimmigrant Visas | Lawful Permanent Residence | I-9 Compliance | Naturalization (U.S. Citizenship) | Links & Resources | About Us

Law Firm Website Design by
Zola Creative