USCIS updates policy manual on Notice to appear (NTA)

The new Notice to Appear (NTA)  policy memorandum,  carrying out Executive Order 13768, Enhancing Public Safety in the Interior of the United States, which establishes immigration policies for enhancing public safety and articulates the priorities for removing foreign nationals from the United States – promoting national security and the integrity of the immigration system.

An NTA is a document that instructs an individual to appear before an immigration judge. This is the first step in starting removal proceedings. Once an NTA has been filed with the Executive Office for Immigration Review (EOIR), we cannot cancel the NTA.

Starting Oct. 1, USCIS may issue NTAs on denied status-impacting applications, including but not limited to, Form 1-485. Application to Register Permanent Residence or Adjust Status, and Form 1-539. Application to Extend/Change Nonimmigrant Status.

This new policy manual updates the policy for issuing NTAs in the following categories of cases where the individual is removable:

•   Cases where fraud or misrepresentation is substantiated, and/or cases where there is evidence that the applicant abused any program related to the receipt of public benefits. We will issue an NTA in these cases even if the case is denied for reasons other than fraud .
•   Criminal cases where an applicant is convicted of or charged with a criminal offense or committed acts that are chargeable as a criminal offense, even if the criminal conduct was not the basis for the denial or the ground of removability. We will, where circumstances warrant, refer cases to ICE before adjudication of an immigration benefits request pending before USCIS without issuing an NTA.
•   Certain N-400 cases where applicants are deportable, ineligible to naturalize, or where the application has been denied on good moral character grounds
•   Cases in which an applicant will be unlawfully present in the United States when the petition or application is denied.

USCIS has clarified that they will not implement the June 2018 NTA Policy Memo with respect to employment-based petitions and humanitarian applications and petitions at this time. Existing guidance for these case types will remain in effect.

Read more about the policy here