Implementation of New USCIS Policy in Issuing Notice to Appears (NTA)

Michael W. Lin, Attorney

November 9, 2018

Hi everyone. Please note that USCIS will begin to implement its June 28, 2018 policy memo on the issuance of Notices to Appear (NTAs). Starting November 19, 2018, USCIS may issue NTAs based on denials of Forms I-914, I-914A, I-918, I-918A, I-360, I-929, and I-730, as well as I-485 when filed with these underlying form types.

NTA is a charging document in which the DHS will set forth a number of allegations claiming why a foreign national should be removed from the United States. NTA is served to the Immigration Court having the jurisdiction over one’s residence and a copy is served upon the foreign national.  This is to give the foreign national an opportunity to appear before an immigration judge to contest why s/he should not be deported.

What this means is that you should continue to maintain your nonimmigrant visa status even if you have already filed an I-485 application so that if your I-485 is denied, it is less likely that the USCIS will put you into removal proceedings.

This is just general information only and shall not be treated as legal advice. You must consult with your own immigration counsel before deciding what to do.

Let me know if you have any questions.