Thursday, October 4, 2018

USCIS ISSUES GUIDANCE ON NEW NOTICE TO APPEAR (NTA) POLICY


The USCIS has backtracked from a proposed policy change that would have placed H-1B and other employment-based workers immediately into deportation processing after the denial of a petition.  USCIS has decided to only enforce this new policy for denials of:
  • I-485, Adjustment of Status
  • I-539, Application to Extend/Change Nonimmigrant Status (typically, H-4, F-1, and B-1/B-2).
Under the revised policy, USCIS will send special letters to denied applicants if their I-94 card is expired.  The special denial letter is designed to provide adequate notice to applicants that they should depart the US.  If the applicant does not timely depart the United States, USCIS may issue a Notice to Appear (NTA).  An NTA initiates deportation proceedings.  You can read more about the NTA policy on our earlier blog post.

USCIS will prioritize the issuance of an NTA in cases of:
  • Criminal records
  • Fraud or misrepresentation
  • National security concern
The USCIS will continue to use prosecutorial discretion when issuing an NTA in these instances on a case-by-case basis.

5 comments:

  1. Hi! My current status in my H1b petition was RFE recieved. My friend,also had this status, but just yesterday her case was approved. Why is it that she recieved it first than i am? Considering our cases were filed together. Just wondering when will my case get its approval notice? Thank you!

    ReplyDelete
    Replies
    1. The USCIS is incredibly inconsistent. The first filed case does not always get the first reply.

      Delete
    2. Is it possible that i'll recieve my approval notice this succeeding days? Thank you so much.

      Delete
    3. You will have to check with your attorney. It is impossible to say without knowing anything about your case.

      Delete
  2. Hi MU, does EB2 applicants (Phils) filed sept 2016 and currently on RFE status need to attend an in person interview with USCIS?

    ReplyDelete