U.S. Citizenship and Immigration Services (USCIS) announced that it will continue to implement its June 28, 2018, Policy Memorandum (PM) that provided updated guidance for the referral of cases and issuance of Notices to Appear (NTAs) in cases that involve inadmissible and deportable aliens.
USCIS stated that starting Nov. 19, 2018, it may issue NTAs based on the denials of:
- I-194/I-194A, Applications for T Nonimmigrant Status
- Petitions for Forms I-918/I918A, Petitions for U Nonimmigrant Status
- I-360, Petition for Amerasian, Widow(er)
- I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant, Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile petitions
- I-730 Refugee/Asylee Relative Petition (when the beneficiary is present in the U.S.)
- Form I-485, Application to Register Permanent Residence of Adjustment of Status
USCIS may issue an NTA if beneficiaries, self-petitioners or applicants are denied, no longer in a period of authorized stay and do not depart the U.S. USCIS says it will ensure adequate notice regarding period of authorized stay, in addition to checking travel compliance and validating departure from the U.S.
Additionally, USCIS will not implement the PM “with respect to employment-based petitions at this time.” Existing guidance for those case types remain in effect, according to USCIS, who will continue to take an incremental approach to the implementation of this PM.
Envoy is pleased to provide you this information, which was prepared in collaboration with Sara Herbek, who is the Managing Partner at Global Immigration Associates, P.C. (www.giafirm.com), Envoy’s affiliated law firm.