September 27
On October 1, 2018, USCIS Policy Memorandum 602-0050.1 will go into effect expanding the conditions under which USCIS issues a Notice to Appear (NTA), the document that initiates removal (deportation) proceedings, to include situations where:
“Upon issuance of an unfavorable decision on an application, petition, or benefit request, the alien is not lawfully present in the United States.”
The expansion of NTA policy severely limits the option to self-deport and could be ruinous for visa applicants by putting them in jeopardy of becoming criminals and being barred from the United States should they become out of status upon denial without warning.
This is particularly alarming since Requests for Evidence are now issued at the adjudicator’s discretion, giving USCIS officers the ability to outright deny a visa or green card application, petition or request (extensions).
We may see a drastic increase in flat-out denials (including for extensions) even in cases that would ultimately be approved given the chance to rectify concerns or submit additional evidence.
Adjudicators have effectively been given almost full discretion to make complex judgments without clear standards or proper oversight to safeguard against unequal treatment.
The introduction of more stringent H-1B standards, the recent policy (effective Sept. 11, 2018,) granting USCIS officers the ability to deny a visa or green card application, petition or request (extensions) without issuing a Request for Evidence (RFE,) and the NTA policy add an undue pressure on the high-skill immigrant workforce.
Collectively, these changes could prove to have a devastating impact on bona fide prospective immigrants and aliens.
Note: Guidance for employment-based petitions and humanitarian applications and petitions case types will not be implemented according to the June 28th NTA memo.
USCIS is holding a public teleconference on Thursday, September 27, 2018, from 2–3 p.m. Eastern to provide an overview of the memo at this time.
Recent Immigration Articles
Check out these articles below
The history of Native Americans and immigration in the United States is one of cooperation, conflict, and transformation. From early interactions during European colonization to modern collaborations for justice, the dynamics between Native tribes and immigrant groups have shaped the nation’s identity. Case Studies of InteractionThe Fur Trade: Cooperation and ExchangeOne of the earliest examples of
Read MoreNavigating the Intersection of Innovation and ImmigrationAravind Srinivas, co-founder and CEO of Perplexity AI, embodies the journey of a visionary immigrant transforming the technological landscape while confronting the complexities of the U.S. immigration system. His story resonates with many skilled professionals striving to make impactful contributions amid bureaucratic challenges.Early Life and Academic PursuitsBorn on June
Read MorePresident-elect Donald Trump has outlined a comprehensive approach to immigration reform, addressing both border security and domestic enforcement. His proposed plan includes actions aimed at reshaping how the United States manages immigration, including physical border defenses and policies affecting both undocumented individuals and visa holders within the country. Here’s an in-depth look at the key
Read MoreOn September 25, 2024, U.S. Citizenship and Immigration Services (USCIS) announced significant updates to its Policy Manual regarding the “sought to acquire” requirement under the Child Status Protection Act (CSPA). These changes, outlined in Volume 7, Part A, Chapter 7 of the Policy Manual, address the process of calculating a CSPA applicant’s age, particularly for
Read More