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USCIS will begin to implement the new Policy Memo on Notice to Appear starting on October 1, 2018

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Pasricha & Patel Takeaways:

USCIS will begin to implement its June 28 Policy Memo on issuing Notices to Appear (NTA) on October 1, 2018. USCIS has decided that this policy will be incrementally implemented. Starting on October 1, 2018, USCIS may issue NTAs on denied Form I-485 adjustment of status petitions, and Form I-539 applications to extend or change nonimmigrant status applications.

But USCIS also clarifies that they will not will issue NTA notices concurrently with the I-485 and/or I-539 denial notices. Instead, the denial notices will serve as giving the applicant proper notice. Then, after that, if the applicant is no longer in a period of authorized stay, and do not depart the U.S., then the USCIS may issue NTAs.

Also, USCIS clarifies that at this time, this Policy Memo will not be implemented with regards to employment-based petitions and humanitarian applications and petitions.

USCIS may provide further details about this process in the coming days.

For any questions about this article or any other U.S.A Immigration Law questions, please do not hesitate to contact us.