Starting October 1, 2018, United States Citizenship and Immigration Service (USCIS) will start issuing Notices to Appear (NTAs) to certain individuals whose applications are denied. An NTA, which is the equivalent of Summons and Complaint in a civil or criminal case, instructs an individual to appear before an immigration judge for removal proceedings. This change is based on a June 28 Policy Memorandum. This will make is easier for Immigration and Customs Enforcement (ICE) to remove individuals from the United States.
The new policy will affect applicants with denied applications, if the outcome of the application impacts that person’s status in the United States. This includes Form I-485, Application to Register Permanent Residence or Adjust Status, and Form I-539, Application to Extend/Change Nonimmigrant Status. If an individual falls out of status when their application is denied and does not leave the country, they may be issued an NTA.
USCIS was already issuing NTAs in certain cases, such as when someone was considered a national security risk. Under the new policy, several new groups of people may be placed in removal proceedings if their applications are denied:
Importantly, several categories of applicants are not affected by these changes:
USCIS says that it will prioritize issuing NTAs for individuals who are removable based on criminal, fraud, or public safety grounds. Prospective applicants who wish to change, adjust, or extend their status in the United States and who have criminal or fraud issues in their background should be prepared for the possibility of being placed in proceedings if their application is denied.
We don’t know yet how many more NTAs USCIS will issue based on the new policy. However, anyone who would fall out of status if their application is denied should be aware of the risk, even if they don’t have any criminal or fraud history. If an individual no longer has lawful status but does not leave, USCIS may issue an NTA.