New USCIS Policy Will Carry Harsh Consequences for Applicants (July 2018)

By July 12, 2018 News No Comments

In the quest for the USCIS to make it difficult for any foreign-born individuals to come to America, the latest effort is a June 28, 2018, policy memorandum on the updated guidance on Notices to Appear (NTAs). The policy and its implications will particularly affect foreign-born professionals. An NTA is a charging document issued by the Department of Homeland Security through of any of its component agencies – Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), or U.S. Citizenship and Immigration Services,” with the intent of placing an individual into deportation proceedings.

The new policy memorandum dated June 28, 2018, means that the USCIS would now be able to place individuals in removal proceedings once an application is denied or petition for immigration benefits if the individual is deemed removable at the time of the denial instead of first directing consultations to ICE. Once an NTA is issued, the individual is obligated to remain in the U.S. and appear in front of an immigration judge – which was previously not the case. Failure to appear in immigration court would lead to the issuance of a deportation order against the person. Failure to appear for removal proceedings would lead to a 5-year bar on entry to the United States.