A policy memorandum issued by the U.S. Citizenship and Immigration Services (USCIS) significantly broadens the range of situations in which the agency plans to issue a notice to appear (NTA) or refer cases to U.S. Immigration and Customs Enforcement (ICE) for NTA issuance.

An NTA (Form I-862) is a document that instructs an individual to appear before an immigration judge. This is the first step in starting removal proceedings against them or deporting them.

Essentially, an NTA is a charging document submitted to an immigration court to start removal or deportation procedures against a foreign national.

The Notice to Appear (NTA) (Form I-862) is a charging document that, among other things, instructs an alien to appear before an Immigration Judge and specifies the nature of the removal proceedings, the legal authority for the proceedings, the factual allegations supporting removal, and the charges against the immigrant.

U.S. Citizenship and Immigration Services (USCIS) has authority under the immigration laws to issue NTAs, which are thereafter filed with the Immigration Court to commence removal proceedings. U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) have concurrent authority to issue NTAs.

USCIS will no longer exempt classes or categories of removable aliens from potential enforcement, which includes referring cases to ICE and issuance of NTAs.

USCIS will send denial letters for status-impacting applications, petitions, and benefit requests that ensure benefit seekers are provided adequate notice when their request for a benefit is denied. If applicants, beneficiaries, or self-petitioners are no longer in a period of authorized stay, and do not depart the United States, USCIS may issue an NTA.

USCIS will provide details on how individuals can review information regarding their period of authorized stay, check travel compliance, or validate departure from the United States.

Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable foreigners

  • Conditional permanent resident status for certain alien spouses and sons and daughters
  • Conditional permanent resident status for certain alien entrepreneurs, spouses, and children
  • Deportable foreigners
  • Immigration benefit requests; USCIS filing requirements; biometric requirements; availability of records
  • Termination of conditional resident status
  • Termination of status for failure to file petition

USCIS issues NTAs in the following circumstances:

  • NTA Issuance Required by Statute or Regulation – Termination of conditional permanent resident status and denials of Petition to Remove Conditions on Residence (Form I-751)
  • PM Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens
  • Termination of conditional permanent resident status and denials of Petition by Investor to Remove Conditions on Permanent Resident Status
  • PM does not apply to or change NTA-related procedures involving Deferred Action for Childhood Arrivals (DACA)

USCIS will issue an NTA to a removable alien who is the beneficiary of an employment-based petition where the decision on the petition is unfavorable or the beneficiary is the signatory on the Petition for Nonimmigrant worker (Form I129). For Form I-129, there are limited circumstances where the beneficiary is the signatory on the petition, including E-1/E-2 Extension of Stay/Change of Status, H-1B beneficiary owners, and O-1 beneficiary owners.