Notice to Appear Memo- Effective October 1, 2018

USCIS announced that the NTA memo went into effect on October 1, 2018. Please see copy of the notice below. At the moment, the memo will affect I-485 and I-539 form denials.  There will be an incremental roll-out of the memo.  At the moment, I-129 form denials will not be affected, which is a great relief.  But that relief is likely to be shortlived. We will update you as things develop and as well see cases affected.

If you see or experience the effect of this memo with a no-RFE memo followed by an NTA, please do let us know!- Tahmina

Copied from USCIS:

USCIS to Begin Implementing New Policy Memorandum on Notices to Appear

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.

USCIS is holding a public teleconference on Thursday, Sept. 27 from 2 – 3 p.m. Eastern to provide an overview of the PM and respond to pre-submitted questions. The teleconference will conclude with a question and answer session, as time permits. Additional information is available on the Upcoming National Engagements page.

USCIS will provide updates and information on the implementation of this PM on the new Notice to Appear Policy Memorandum page.