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UPDATE: Implementation of USCIS' Controversial NTA Policy Postponed

The recent Policy Memorandum Guidance issued on June 28, 2018 focused around the referral of cases and issuances of Notices to Appear (NTAs) in cases where foreign nationals are classified as deportable. This guidance advised USCIS to create or update their policies regarding NTA’s and Referrals to ICE (RTIs) and begin practices within 30 days of the Policy Memorandum. The implementation of the Policy Memorandum is currently postponed and will not become implemented until the operational guidance is fully issued.

The previous guidance regarding NTA’s seeks to steer away from the previous practices of the issuance of NTA’s and RTI’s, giving USCIS the full authority to issue NTA’s rather than ICE who previously had adjudications be their main responsibility. NTA’s are issued to individuals who are considered removable. The PM allows individuals be issued an NTA if their extension applications or petitions had been denied due to the overbearing amounts of applications; practices that are fully out of the applicants control. The implementation of the operational guidance would force even more individuals into an already crowded immigration court system. Many immigrants who have been residing in this country for years would be at risk for issuance of NTA’s without the current postpone.

If you have any questions regarding the current NTA, please contact Attorney Nicholas J. Mireles at

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