USCIS to implement NTA memo – with an important exception… for now

Notice to Appear, NTA

U.S. Citizenship and Immigration Services (USCIS) will begin implementing the June 28 Updated
Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving
Inadmissible and Deportable Aliens Policy Memorandum (PM) (PDF, 140 KB) on Oct. 1, 2018. USCIS will
take an incremental approach to implement this memo.

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, Form I-485, Application to Register Permanent
Residence or Adjust Status, and Form I-539, Application to Extend/Change Nonimmigrant Status.

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 will provide details
on how applicants can review information regarding their period of authorized stay, check travel
compliance, or validate departure from the United States.

The June 2018 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.

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.

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