Update to USCIS Policy on the Issuance of Notices to Appear
USCIS has revised its policy regarding the issuance of Notices to Appear (NTAs). According to the revised notice issued November 8, 2018, applicants for U Visas, T Visas, and Violence Against Women Act applicants could now be issued NTA and placed into removal proceedings.
The revised USICS Policy now states:
Starting Nov. 19, 2018, USCIS may issue NTAs based on denials of I-914/I-914A, Applications for T Nonimmigrant Status, and petitions for Forms I-918/I-918A,Petitions for U Nonimmigrant Status; I-360Petition for Amerasian, Widow(er); I-929, Petition for Qualifying Family Member of a U-1Nonimmigrant, Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile petitions); and I-730Refugee/Asylee Relative Petition, when the beneficiary is present in the US, as well as Form I-485, Application to Register Permanent Residence or Adjustment of Status, filed with these underlying form types.
Applicants, Beneficiaries and Self-Petitioners whose relief is denied and are no longer in authorized stay in the United States and do not depart may be issued NTAs. USCIS will continue to send denial letters for these applications and petitions to ensure adequate notice regarding period of authorized stay, checking travel compliance, or validating departure from the United States.
Unlike in the past, U Visa and VAWA applicants whose cases are denied can now be referred for enforcement, placed in removal proceedings, and removed from the country.
Now more than ever, Applicants are urged to seek guidance from immigration attorneys before and during their application process so they are aware of the risks of removal. The amount of risk to a particular client may be small and hard to quantify which is why it’s best to seek professional help.