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USCIS to Begin Implementing New Policy Memorandum on Notices to Appear

Starting from October 1, U.S. Citizenship and Immigration Services (USCIS) will begin incrementally implementing the new policy memorandum regarding notices to appear, which was first announced on June 28, 2018.


The memo, whose full title is “Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens Policy Memorandum,” address NTAs, a document that instructs someone to appear in court before an immigration judge. It is often the first step for removal from the country. Now, the USCIS may issue these NTAs on denied status-impacting applications, 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.


The USCIS provides details on how applicants can review information, including verity how long they are authorized to stay in the country, check travel compliance, and validate departure. If applicants are denied status, the USCIS will first send denial letters. If the applicant stays beyond an authorized period, then the USCIS may issue an NTA.


This policy memo will not affect employment-based or humanitarian applications petitions. Priority is given to pursuing individuals with criminal records, those who have a history of fraud, and those who pose national security concerns.