Updated Notice to Appear Guidance

USCIS Teleconference on Notice to Appear Policy

USCIS invited AILA members to participate in a teleconference to discuss a policy memorandum on updated guidance on referral cases and issuance of Notice to Appear in cases involving inadmissible and deportable aliens. This was issued at the end of June in order to meet the demands of Executive Order 13768, Enhancing Public Safety in the Interior of the United States, which had been issued on February 20, 2017.

USCIS officers will issue Notice to Appear on a wider range of issues than previously where there is evidence of fraud, criminal activity, or if the applicant is denied immigration benefits while unlawfully present in the US.

In the teleconference, USCIS will explain the June memorandum and answer presubmitted questions. They said that they would take additional questions towards the end of the teleconference after answering the presubmitted ones, but they did not take any. They will not answer any case specific questions.

Executive Order and Policy Memorandum

The Executive Order made it a priority to remove aliens for the United States. The policy memorandum merely explains how immigration officers ought to meet the order's standards.

In addition to the removal of aliens already described in INA, the Executive Order also stipulated the priority of removing aliens on the basis of:

1. The conviction of any criminal offense;
2. Being charged with and criminal offense that has not been resolved;
3. Having committed acts that are a chargeable criminal offense;
4. Engagement in fraud or willful misrepresentation in any official matter or application before a government agency;
5. Abuse of any program to receive public benefit;
6. Subjection to a final order of removal and still having not departed;
7. Or in the judgement of the immigration officer, pose some other risk to public or national safety and security.

For further information

Read about Inadmissibility on Public Charge Grounds, which is related to the fifth stipulation of to issue a Notice to Appear.

This blog post does not serve as legal advice and does not establish any client-attorney privilege. Do not take any action based on the information contained in this post without consulting a qualified immigration attorney. If you have any questions, please do not hesitate to contact our legal team directly.

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This information comes from AILA Doc. No. 18092571.