USCIS announces plans to issue NTA's to certain foreign nationals whose humanitarian petitions or associated adjustment applications are denied

Original Date Announced
November 9, 2018
Beginning November 19, USCIS may issue a Notice to Appear (NTA) to initiate removal proceedings when the following petition types, or associated applications for adjustment of status, are denied, and the foreign national is out of status and does not timely depart the United States: • Forms I-914/I-914A, Applications for T Nonimmigrant Status; • Forms I-918/I-918A, Petitions for U Nonimmigrant Status; • Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile petitions); • Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant; and • Form I-730, Refugee/Asylee Relative Petition, when the beneficiary is present in the U.S. [ID #59]
USCIS Notice: USCIS to Continue Implementing New Policy Memorandum on Notices to Appear
Effective Date
November 19, 2018

Fully in Effect

Status: Final/Actual

Trump Administration Action: Change in Practice

Subject Matter: Refugees U/T/VAWA Humanitarian

Agencies Affected: ICE USCIS

Associated or Derivative Policies

November 7, 2011 Prior USCIS policy from 2011 advised NTA issuance in specific limited circumstances including in cases where USCIS identifies a national security concern, fraud, criminal cases, or where required by statute or regulation. USCIS Policy Memorandum 602-0050: Revised Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Removable Aliens