USCIS More Likely to Refer Denied Applicants for Removal Proceedings
A June 28, 2018, USCIS policy memorandum (PM 602-0050.1) expands the conditions under which USCIS issues a Notice to Appear (NTA), the document that initiates removal (deportation) proceedings, to include situations “where, upon issuance of an unfavorable decision on an application, petition, or benefit request, the alien is not lawfully present in the United States.”
“USCIS will send denial letters for status-impacting applications that ensures benefit seekers are provided adequate notice when an application for a benefit is denied. If applicants 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 applicants can review information regarding their period of authorized stay, check travel compliance, or validate departure from the United States.” USCIS held a public teleconference on the NTA memo on September 27, 2018.
So often, clients come to Godoy Law Office asking for help amending petitions they filed with USCIS on their own. Amending a filed petition can be time-consuming and stressful. Worse, you may inadvertently disclose information that could be harmful to your case. It is in your best interest to work with experienced immigration attorneys before you submit an application to USCIS.