Notice to Appear Policy Memorandum

USCIS has issued a new policy memorandum affecting immigrants with certain application denials. Under this new policy memorandum, USCIS can issue Form I-862, Notice to Appear, or “NTA” to certain petitioners or applicants with denied status-impacting applications. An NTA instructs an immigrant to appear before an immigration judge, and is typically issued to immigrants who are no longer within a period of authorized stay. The issuance of an NTA is the first step in the removal proceedings process.

Beginning on October 1, 2018, USCIS may issue an NTA to individuals who have a denied status-impacting application.

Starting on November 19, 2018, USCIS can also issue an NTA based on the denial of other underlying form types. These forms include:

·         Form I-914/I-914A, Applications for T Nonimmigrant Status

·         Form I-918 Petitions for U Nonimmigrant Status

·         I-360 Petition for Amerasian, Widow(er), or Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile Petitions)

·         Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant

·         I-730 Refugee/Asylee Relative Petitions

·         I-485 Applications to Register Permanent Residence or Adjustment of Status

You can find more information about the new Notice to Appear policy memorandum here.