USCIS Delays Implementation of NTA Policy Memo

USCIS has announced that the Policy Memorandum (PM) titled “Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens”  which directs USCIS to issue Notices to Appear (NTAs) when denying certain applications for benefits has been temporarily suspended in order to allow for the issuance of operational guidance regarding implementation of the new policy.

USCIS did not provide a timeline for when the NTA Issuance policy will ultimately become effective and D&S will continue to monitor this situation closely.

UPDATE: On September 26, 2018 USCIS announced that it would be rolling out implementation of the NTA Policy Memo starting on October 1, 2018, after which time USCIS may issue 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.

USCIS has indicated that it will send denial letters for status-impacting applications that ensures applicants are given adequate notice when an application for a benefit is being denied. If applicants are no longer in a period of authorized stay, and do not depart the United States, USCIS has stated that it may issue an NTA.

USCIS has further stated that the NTA Policy Memo will not be implemented with respect to employment-based petitions and humanitarian applications and petitions at this time. Existing guidance for these case types will remain in effect.