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USCIS Postpones Implementing New NTA Policy Pending Operational Guidelines

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USCIS Postpones Implementing New NTA Policy Pending Operational Guidelines

August 2, 2018

On July 30, the USCIS announced it is postponing the implementation of its previous new guidance requiring the agency to issue a Notice to Appear (NTA) in certain circumstances, including when a foreign national becomes unlawfully present following denial of a petition or application.  The new policy will be postponed indefinitely until the USCIS can issue operational guidelines.

The development of operational guidelines is welcome news, as the new policy was a dramatic change from previous policy which allowed certain individuals who had been in the U.S. lawfully for years to wind up affairs and depart the U.S. without being thrust into the overburdened court system.

Weaver Schlenger previously reported on the possible negative impact of the NTA policy on nonimmigrant visa holders.  We will continue to provide updates on our website. 

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