On June 28, 2018, the United States Citizenship & Immigration Services (“USCIS”) issued a new policy memorandum that will affect individuals who apply for immigration benefits in the United States. In the memo, USCIS announced that immigration officers will have more authority to issue a Notice to Appear (“NTA”) to people whose applications for immigration benefits have been denied.
This new policy took effect on October 1, 2018, and USCIS officials anticipate that more NTAs will be issued in cases where the person does not currently have the lawful authority to reside in the United States. The NTA policy may seem intimidating and confusing to understand, but you should not be discouraged from applying for immigration benefits. A qualified immigration attorney can help you navigate the immigration processes as policy changes begin to take effect.
First, an NTA is the document issued by the Department of Homeland Security that initiates Removal proceedings, commonly referred to as Deportation proceedings. If you have been issued an NTA, you are required to appear in Immigration Court. The NTA will list the date, time and place of your hearing before an Immigration Judge. It is the Immigration Judge who will ultimately decide whether you may remain in the United States.
The USCIS’ new policy allows an immigration officer to issue an NTA to any person who is not lawfully present in the United States. This includes individuals who have been convicted of certain crimes, committed fraud or misrepresentation, used public benefits, or who have simply failed to maintain lawful immigration status in the U.S. The NTA policy memo does not directly impact the way officers review an application for immigration relief.
In light of the USCIS’ new policy, it is extremely important that you follow instructions correctly and submit all the required documents when applying for immigration benefits. Because despite the new policy, USCIS may still approve your application if your filing contains enough information that establishes eligibility for the benefit you are seeking. However, it is essential that you pay close attention to details and be aware of any issues that may affect your case. A knowledgeable immigration attorney can help you confirm your eligibility for the requested benefit, as well as making sure that you are providing all the information needed for USCIS to approve your case. An immigration attorney will also identify any problems that might come up and help make sure that your application addresses these issues so that the officer has enough information to approve your case.
If your application is unfortunately denied, you may have the opportunity to appeal the denial. It is important to note that appeals are not available for all types of denied applications. In addition, you may also be able to persuade the USCIS to reopen your case and review your application again. However, without successfully appealing or convincing the USCIS to reopen your case, USCIS will consider the positive and negative factors in your case to determine whether to issue you an NTA.
The USCIS’ new policy is also applicable to people who submit applications to extend or change their non-immigrant status. If your application to extend or change your non-immigrant status has been denied, USCIS will give you a grace period to leave the U.S. before issuing an NTA. The denial letter will provide warning language that tells you how long you are allowed to depart. It is especially important to immediately discuss any denials with an attorney before you depart the U.S., as an appeal may be possible if the application was denied incorrectly.
Finally, if USCIS issue an NTA in your case, you do not have to appear in immigration court alone. An immigration attorney can represent you in removal proceedings to help you explain your case to the immigration judge. An experienced attorney understands how immigration courts work and can assist you in requesting relief from deportation, including filing all necessary documents and writing legal briefs in support of your case.
Even though USCIS can issue a Notice to Appear in more types of cases, this should not prevent you from pursuing your immigration dreams. However, it is more important than ever to be represented by an experienced and knowledgeable immigration attorney. In addition to making sure you are eligible for the requested benefit, they can also make sure that your application and supporting documents are thorough and complete.
