New USCIS policy regarding NTA issuance goes into effect
On October 1st, 2018, United States Citizenship and Immigration Services (USCIS) began implementing a new policy regarding the issuance of a Notice to Appear in immigration court (NTA) following the denial of an application or petition.
On October 1st, 2018, United States Citizenship and Immigration Services (USCIS) began implementing a new policy regarding the issuance of a Notice to Appear in immigration court (NTA) following the denial of an application or petition.
USCIS has explained that it will take an incremental approach to implementing the policy, which is described here in a memorandum dated June 28th, 2018:
https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-06-28-PM-602-0050.1-Guidance-for-Referral-of-Cases-and-Issuance-of-NTA.pdf
What is the new policy?
• Starting October 1, 2018, USCIS will issue NTAs on denied status-impacting applications, including but not limited to form I-485 applications for adjustment of status (“green card” applications) and form I-539 applications to extend or change nonimmigrant status.
• In the future the memo will also likely be implemented with respect to employment-based petitions (for example H-1b visa applications) and humanitarian applications and petitions.
• Withdrawing an application will not cancel USCIS’s authority to issue an NTA. USCIS may issue an NTA even if the applicant or petitioner withdraws the application.
Why is the new policy important?
The new policy represents a major shift in deportation priorities. Previously, an applicant or petitioner was not automatically referred to immigration court if their request for a status-impacting benefit was denied.
It is now more important than ever to ensure that an application is properly filed and presents the strongest possible evidence, to avoid a denial.
For advice and assistance regarding your specific immigration situation, please contact us at 415-496-9040 or theteam@huwelaw.com.
October 2018 Visa Bulletin Released
The U.S. Department of State has released the Visa Bulletin for October 2018. In addition to the final action dates and dates for filing applications, the Bulletin also includes notes on the scheduled expiration of two employment visa categories, the Employment Fourth Preference Certain Religious Workers (SR) and the Employment Fifth Preference Categories (I5 and R5), which will only be restored if Congress acts.
The U.S. Department of State has released the Visa Bulletin for October 2018. In addition to the final action dates and dates for filing applications, the Bulletin also includes notes on the scheduled expiration of two employment visa categories, the Employment Fourth Preference Certain Religious Workers (SR) and the Employment Fifth Preference Categories (I5 and R5), which will only be restored if Congress acts.
USCIS has advised that in October, both family-based and employment-based preference filings must use the dates for filing chart.
To view the full Bulletin, please visit:
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-october-2018.html
To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.
September 2018 Visa Bulletin Released
The U.S. Department of State has released the Visa Bulletin for September 2018. In addition to final action dates and dates for filing applications, the bulletin also includes notes on the diversity visa cut-offs, Special Immigrant translator visa availability, and retrogression of September employment-based final action dates.
The U.S. Department of State has released the Visa Bulletin for September 2018. In addition to final action dates and dates for filing applications, the bulletin also includes notes on the diversity visa cut-offs, Special Immigrant translator visa availability, and retrogression of September employment-based final action dates.
USCIS has advised that in September, family-based preference filings must use the dates for filing chart and employment-based preference filings must use the final action dates chart.
To view the full Bulletin, please visit:
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-september-2018.html
To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.
July 2018 Visa Bulletin Released
The U.S. Department of State has released the Visa Bulletin for July 2018. In addition to the final action dates and dates for filing charts, the bulletin also includes notes on the diversity visa cut-offs, special immigrant translator visa availability, and retrogression of several employment-based final action dates.
The U.S. Department of State has released the Visa Bulletin for July 2018. In addition to the final action dates and dates for filing charts, the bulletin also includes notes on the diversity visa cut-offs, special immigrant translator visa availability, and retrogression of several employment-based final action dates.
USCIS has advised that in July, family-based preference filings must use the dates for filing chart and employment-based preference filings must use the final action dates chart.
To view the full Bulletin, please visit:
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-july-2018.html
To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.
