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USCIS Policy on NTA Issuance Delayed

July 31, 2018

Update: On Monday, USCIS delayed the implementation of the June 28, 2018 policy memorandum concerning the issuance of “Notices to Appear”. The new policy was due to take effect on September 11, 2018, for denied petitions or applications found to be deficient at the time of filing. On July 30, 2018, USCIS advised that enforcement of this more stringent standard will be postponed until operational guidance is promulgated.

The full text of the announcement is below and can also be found at the USCIS website. A summary of the original memo can be found on EIG’s website.

Policy Memorandum 602-0050.1, Updated Guidance for the Referral of Cases and Issuances of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens, was issued on June 28, 2018 and instructed USCIS components to create or update operational guidance on NTAs and Referrals to ICE (RTIs), to be issued within 30 days of the Policy Memorandum.  Issuance of the operational guidance is pending; therefore the implementation of PM 602-0050.1 is postponed until the operational guidance is issued.