On its first day in office, the Biden administration rescinded two U.S. Citizenship and Immigration Services, or USCIS, policies that had expanded the situations where a removable noncitizen’s applying for an immigration benefit would result in them being placed into removal proceedings. The Biden administration reinstated the prior policy on this subject, from 2011. This article summarizes the main components of the 2011 policy that is now in effect, regarding in what situations USCIS will initiate removal proceedings against a noncitizen as a result of their applying for an immigration benefit.

OUTDATED RESOURCE – DOES NOT REFLECT CURRENT USCIS POLICY

This practice pointer provides a summary and analysis of USCIS's now-rescinded June 28, 2018 policy memo, which expanded the situations in which USCIS issued a Notice to Appear in connection with adjudicating a request for immigration benefits. On Jan.

On its first day in office, the Biden administration rescinded two U.S. Citizenship and Immigration Services policies that had expanded the situations where a removable noncitizen’s applying for an immigration benefit would result in them being placed into removal proceedings. The Biden administration reinstated the prior policy on this subject, from 2011. The now-operative 2011 guidance restores the previous policy whereby USCIS takes enforcement actions sparingly and in specific situations.

On November 15, 2018, USCIS conducted its second stakeholder call addressing the incremental implementation of the June 28, 2018 USCIS Policy Memo on Notice to Appear Issuance (NTA PM).

October 5, 2018

On June 28, 2018, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum that would expand the types of cases where USCIS will issue a Notice to Appear (NTA) in the course of adjudicating an application, petition, or request for an immigration benefit.