NewsFlash! NTA Memo Goes Partially into Effect Monday, Oct 1st

This evening, the U.S. Citizenship and Immigration Services (USCIS) announced that the policy memorandum on the issuance of notices to appear (NTAs) will be phased in incrementally, beginning on October 1, 2018. Effective October 1st, the 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.”

Fortunately, the announcement clarifies that the USCIS will not immediately issue NTAs along with status denial notices. Rather, the USCIS will first issue the denial notice “… that ensures benefit seekers are provided adequate notice when an application for a benefit is denied.” If the applicant is no longer in valid status or a period of authorized stay and then fails to depart the United States, the USCIS then may issue an NTA.

Also, at least for the time being, the NTA memo will “… not be implemented with respect to employment-based petitions and humanitarian applications and petitions.”

The USCIS is expected to provide additional details in a teleconference scheduled for Thursday, September 27, 2018. More details on the teleconference are available in the MurthyDotCom NewsBrief, USCIS Holding Teleconference on NTA Memo on Thursday; Details on Implementation Coming Soon. (25.Sep.2018).

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