Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens.

U.S. Citizenship and Immigration Services (USCIS) announced on November 8, 2018 the expansion of the implementation of the June 28, 2018, Policy Memorandum (PM), Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens.
USCIS began implementing the PM for denied Forms I-485 and I-539 on Oct. 1, 2018. USCIS will continue to take an incremental approach to implement the memorandum.

Starting Nov. 19, 2018, USCIS may issue NTAs as described below based on denials of:

  • FORMs I-914/I-914A, Applications for T Nonimmigrant Status,
  • FORMs I-918/I-918A, Petitions for U Nonimmigrant Status;
  • FORMs I-360 Petition for Amerasian, Widow(er);
  • FORMs I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant,
  • Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile petitions);
  • and I-730 Refugee/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.

If applicants, beneficiaries, or self-petitioners who are denied are no longer in a period of authorized stay and do not depart the United States, USCIS may issue an NTA.

USCIS will NOT implement the memorandum with respect to employment-based petitions at this time. Existing guidance for these case types remain in effect.