USCIS NTA MEMORANDUM IMPLEMENTATION DELAYED

On July 30, the USCIS announced that it will delay the implementation of a recent memo regarding the issuance of Notices To Appear (NTAs) to foreign national who fall out of status when their immigration petition is denied.  The issuance of an NTA initiates deportation proceedings.

On June 28, 2018 the USCIS issued a new policy memorandum which instructed USCIS Officers to initiate deportation proceedings for those foreign nationals’ whose immigration petition was denied after their I-94 card had already expired.  Generally, when the USCIS creates a new policy the USCIS delays implementation of the policy until a guidance memo can be issued.  The June 28, 2018 memo did not give a date specific on which the policy would be implemented, meaning it would be implemented immediately.

Today's announcement indicates the new NTA policy not be implemented until the USCIS guidance is issued.  The announcement also confirms that USCIS is not currently initiating deportation proceedings for those whose immigration petitions are denied after their I-94 cards expire.

For more information on this new policy please join us on Wednesday, August 1, for a teleconference on this new policy and other updates from the USCIS: REGISTER

MU TELECONFERENCE: USCIS NEW POLICIES UPDATE

The USCIS has recently issued new policies regarding Notices to Appear (NTAs), Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs).
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Please join MU Law for a teleconference regarding these topics of new policy.
 

REGISTER HERE

The agenda for the call is as follows: 

• Under this new guidance, when will the USCIS issue an NTA and initiate deportation proceedings?
• When are foreign nationals “unlawfully present” in the US and what are the consequences?
• What if I do not receive the NTA or leave the US once my immigration application is denied?
• When will the USCIS issue an RFE?  A NOID?  A denial? 
• What initial evidence is required for an immigration application?
• Can a second RFE or NOID be issued?

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This teleconference is free for MU Law clients and friends of the firm. We look forward to speaking with you! 

AUGUST 2018 VISA BULLETIN: LATEST UPDATE AND ANALYSIS

The Department of State has just issued the August 2018 Visa Bulletin.  This is the eleventh Visa Bulletin of Fiscal Year 2018.  This blog post analyzes this month's Visa Bulletin.  The August and September Visa Bulletins always are a little unusual.  We invite you to read our FAQ on these Visa Bulletin.  

August 2018 Visa Bulletin

Table A: Final Action Dates -- Applications with these dates may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment.

EB  Class	All Other	CHINA	INDIA	MEXICO	PHIL'PNES
EB-1	01MAY16	01JAN12	01JAN12	01MAY16	01MAY16
EB-2	C	01JAN15	01MAR09	C	C
EB-3	C	01JUL14	01JAN09	C	01JUN17

Table B: Dates for Filing -- The DOS may work on applications with these dates. But the Visa cannot be approved until the date is current per Table A.

EB  Class	All Other	CHINA	INDIA	MEXICO	PHIL'PNES
EB-1	C	C	C	C	C
EB-2	C	01APR15	22MAY09	C	C
EB-3	C	01JAN16	01MAY09	C	01JUL17

MU Law Analysis (all references are to Table A unless noted)

All Other:  The EB-2 has been current for many years.  The EB-3 is also current and is expected to remain current for the foreseeable future. The EB-1 retrogression is temporary and is because of the reasons listed on the above-linked FAQ.

China (mainland-born):  China EB-3 (Chart A) moved favorably by 18 months.  This move was done to spur filings in this category before the end of the fiscal year.

India:  As with China, the retrogression of India EB-1 probably means that there will not be a forward progression until after October 1, 2018.  EB-3 continued its steady progress, improving by to months.  India EB-3 should continue to steady progress into FY 2019.

Mexico: Mirrors All Other in analysis.

Philippines: Phils EB-3 improved by 6 months, which is terrific, but probably temporary.  The DOS is trying to encourage filings in this category before the end of the fiscal year.  The EB-1 retrogression is of no consequence, and is simply reflective of the fact that all countries' EB-1 demand was higher than expected in FY2018. It will be Current in October 2018.