Expanded Issuance of Notices to Appear (NTAs) for Denied Status-Impacting Applications

Policy effect

USCIS operationalized guidance authorizing and expanding the issuance of Form I-862 (Notice to Appear) to place individuals in removal proceedings upon the denial of status-impacting applications and petitions where the applicant is not in an authorized period of stay. Phase scope: Phase 1 effective October 1, 2018 covering Form I-485 and Form I-539 denials, followed by humanitarian forms on November 19, 2018

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

NTAs) in Cases Involving Inadmissible and Deportable Aliens; and PM-602-0161 Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) When Processing a Case Involving Information Submitted by a Deferred Action for Childhood Arrivals (DACA) Requestor in Connection with a DACA Request or a DACA-Related Benefit Request (Past or Pending) or Pursuing Termination of DACA. Consistent with the DHS memo, USCIS stopped applying the 2018 Policy Memoranda on Jan. 20, 2021. USCIS will be issuing guidance with additional details and information. Notice to Appear (NTA) policy memorandum (PM) … providing guidance on when USCIS may issue Form I-862, Notice to Appear. An NTA is a document that instructs an individual to appear before an immigration judge. This is the first step in starting removal proceedings against them. Starting Oct. 1, 2018, USCIS may issue NTAs on denied status-impacting applications, including, Form I-485, Application to Register Permanent Residence or Adjust Status, and Form I-539, Application to Extend/Change Nonimmigrant Status. Starting Nov. 19, 2018, USCIS may also issue NTAs based on denials of Forms I-914/I-914A, Applications for T Nonimmigrant Status; I-918 … USCIS will send denial letters for status-impacting applications, petitions, and benefit requests that ensure benefit seekers are provided adequate notice when their request for a benefit is denied. If applicants, beneficiaries, or self-petitioners 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 individuals can review information regarding their period of authorized stay, check travel compliance, or validate departure from the United States. If individuals are no longer in a period of authorized stay, …

Review method

Two separate automated exact-claim source reviews

Other United States changes operative in 2018

• 2018-01-19Requirement to Articulate Particular Social Groups Before the Immigration Judge (Matter of W-Y-C- & H-O-B-)
• 2018-03-05Vacatur of Requirement for Full Evidentiary Hearings in Asylum Claims (Matter of E-F-H-L-)
• 2018-04-06Zero-Tolerance Policy for Southwest Border Offenses Under 8 U.S.C. § 1325(a)
• 2018-05-15Tenant-occupancy methodology withdrawn for EB-5 job forecasts
• 2018-05-17Matter of Castro-Tum: Restriction on General Administrative Closure Authority
• 2018-06-11Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018), Interim Decision #3929
• 2018-08-16Standards for Continuances to Pursue Collateral Relief in Removal Proceedings (Matter of L-A-B-R-)
• 2018-09-11Outright Denials Without Request for Evidence (RFE) or Notice of Intent to Deny (NOID) (PM-602-0163)
• 2018-09-18Limitation on Immigration Judges' Inherent Authority to Terminate or Dismiss Removal Proceedings (Matter of S-O-G- & F-D-B-)
• 2018-10-04Presidential Determination on Refugee Admissions for Fiscal Year 2019
• 2018-11-01Medical-report validity recalculated from the civil surgeon signature