Practice Pointer: New USCIS NTA Guidance Memo

Last Updated

December 19, 2018

This practice pointer provides a summary and analysis of USCIS's June 28, 2018 policy memo which expands the situations in which USCIS will issue a Notice to Appear in connection with adjudicating a request for immigration benefits. It also provides tips for practitioners representing noncitizens seeking immigration benefits with USCIS, in light of the new guidance. The accompanying chart compares the previous 2011 guidance with the new 2018 guidance.

Question 16 of this document has been updated to reflect USCIS's July 30, 2018 announcement that it would postpone implementation of this guidance.

On September 27, 2018 USCIS held a teleconference about its implementation of the NTA guidance. CLINIC’s summary is available here. On November 15, 2018, USCIS held another teleconference about continued implementation, including its announced implementation of the NTA guidance starting November 19, 2018 in certain denied humanitarian applications and petitions. USCIS’s summary of the November 15, 2018 teleconference is available here.