USCIS NTA Policy News – 18 – 33 day grace period before NTA is issued

What does the NTA do?

An NTA is a document that instructs an individual to appear before an immigration judge.
This is the first step in starting removal proceedings.

Update Nov 8, 2018
News: USCIS is adding more applications for issuing NTA starting Nov 19, 2018

1. Form i-485, Application to Register Permanent Residence; and
2. Form i-539, Application to Extend/Change Nonimmigrant Status
3. Form i-914/914A, Application for T non-immigrant status
4. Form i-918/918A, Application for U Non-immigrant Status
5. Form i-360, Application for Amerasian, Widower
6. Form i-929, Application for family member of U-1 non-immigrant
7. Form i-730, Refugee/Asylum relative petition

Is 18-33 day grace period allowed to leave U.S. before issuance of the NTA?

USCIS will add the information about grace period in the ‘DENIAL LETTER’ about how much time the person has to leave the USA.
USCIS will not issue NTA immediately and will wait for the expiration of the period in which person can file a permitted appeal or reconsideration motion before issuing an NTA.

Usually, the appeal time is 33 days from the date of USCIS denial (not the date when the person receives the denial letter). Some applications have the appeal period as low as 18 days.

So, effectively, you will have at least 18 days to appeal USCIS decision or leave USA before an NTA could possibly be issued against you.

Also, USCIS will not issue an NTA until the decision on an appeal or motion is completed.

I-140 & 240 day H1B applications are not part of NTA policy

H1B extension application working under 240 day rule after i94 expiry is not under NTA policy along with I-140 applications.

Can a dependent H4 Spouse and H4 Child get NTA?

Yes, anybody who’s status is found to be unlawful after the petition denial can be issued an NTA.

Application filed before Oct 1 can also get NTA

USCIS has made it clear that any application filed on or before Oct 1, 2018 can also receive NTA.

Can USCIS cancel NTA if application is approved after re-opening?

USCIS cannot cancel an NTA once it is issued. But, USCIS will work with ICE to see if it can be terminated if the case was approved after re-opening.

Can NTA be issued if applicant withdraws his application?

Yes, USCIS may issue an NTA if the individual is removable even if they withdraw their application before USCIS works on it.

Can NTAs be issued on denial of an application, without fraud or criminal factors?

Yes, USCIS may issue NTAs merely upon the denial of a visa application, without the presence of fraud or criminal factors, if the applicant is removable.

Source: USCIS NTA policy teleconference transcript