July has been a very busy month for the U.S. Citizenship and Immigration Services - issuing policy guidance, and memorandum that affect nonimmigrants and immigrants alike.
SERIES OF OPPORTUNE (or UNFORTUNATE) EVENTS
July has been a busy month for the Trump administration’s U.S. Citizenship and Immigration Services issuing policy memorandums that affect visa applications, petitions and other request for benefits, including naturalization.
A Notice to Appear before an Immigration Judge is the first step in an immigration proceeding to determine if a nonimmigrant or immigrant should be deported for alleged violation of immigration/visa laws.
The first three instances had been in the system for quite a while, but including students in F, J or M status is seen as part of the Trump administration’s campaign to deport immigrants, some without due process - https://youtu.be/AoPOc5ZjLWk
The three common instances when the USCIS may issue an NTA are (1) in cases where fraud or misrepresentation” is alleged and substantiated; (2) applicants are charged or convicted of crime/s; (3) naturalization application denied on good moral character groiunds because of a criminal offense.
Read the USCIS policy memo dated June 28, 2018 - https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-06-28-PM-602-0050.1-Guidance-for-Referral-of-Cases-and-Issuance-of-NTA.pdf
The updated guidance is effective September 11, 2018 and applies to all applications, petitions, and requests, except for Deferred Action for Childhood Arrivals (DACA) adjudications, received after that date due to existing court cases on this issue.
For example, an I-130 petition for a spouse, minor child or parent may be refused without informing the petitioner or providing the petitioner to cure the deficiency if the petition as filed “fails to establish eligibility” for the benefit being sought. Read the USCIS announcement https://www.uscis.gov/news/news-releases/uscis-updates-policy-guidance-certain-requests-evidence-and-notices-intent-deny