Call for Examples: NTAs and Warning Language in Denial Notices Stemming from USCIS's New NTA Policy

AILA is seeking examples of Notices to Appear (NTAs), as well as denial notices containing new language warning of potential NTA issuance, issued by USCIS as a result of the agency's recent shift in NTA policy. On June 28, 2018, USCIS published a memorandum directing agency personnel to issue NTAs on a dramatically wider basis than under previous guidance. Among other changes, this memorandum broadly calls for NTA issuance if, at the time that USCIS denies an application or petition, the applicant or beneficiary is "not lawfully present" or is otherwise removable.

USCIS has since announced that it would implement its new NTA policy in stages. Along with other updates, the agency stated that, "[s]tarting October 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..." As of November 19, 2018, USCIS announced that it may also issue NTAs to survivors of domestic abuse, trafficking, and other serious crimes. USCIS also noted that it will "include language in many denial notices warning applicants that if they are no longer in a period of authorized stay and do not leave the U.S., we may issue them an NTA." The NTA policy memo will not be implemented with respect to employment-based petitions at this time.

If you have a client who has received an NTA on account of USCIS's new NTA policy, or a denial notice containing new language warning of potential NTA issuance, please complete the survey below. If you have questions or experience technical issues, please send an email to reports@aila.org, subject line "USCIS NTA Policy."

PLEASE NOTE: When the underlying petition that has been denied is a humanitarian-based petition, including but not limited to U visa's, T visa's, VAWA self-petitioners, and special immigrant juvenile status petitions, the information provided in this survey below will be shared with ASISTA and ILRC for advocacy purposes. Identifying information of the attorney and the client will not be shared with media or the Hill without express permission from the attorney and the client.

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Cite as AILA Doc. No. 18100970.