Immigration News Briefs
Removal proceedings will increase after case denials
U.S. Citizenship and Immigration Services issued updated
guidance on July 5, 2018, that aligns its policy for issuing
Form I-862, Notice to Appear, with the immigration enforcement
priorities of the Department of Homeland Security.
A Notice to Appear (NTA) instructs an alien to appear
before an immigration judge. The issuance of this
document is the beginning of removal proceedings. Under
the new guidance, USCIS officers will now issue an NTA for
a wider range of cases:
• Cases where fraud or misrepresentation is
substantiated, and/or where an applicant abused any
program related to the receipt of public benefits. USCIS
will issue an NTA even if the case is denied for reasons
other than fraud.
• Criminal cases where an applicant is convicted of or
charged with a criminal offense, or has committed acts
that are chargeable as a criminal offense, even if the
criminal conduct was not the basis for the denial or the
ground of removability. USCIS may refer cases involving
serious criminal activity to ICE before adjudication of an
immigration benefit request pending before USCIS
without issuing an NTA.
• Cases in which USCIS denies a Form N-400, Application
for Naturalization, on good moral character grounds
because of a criminal offense.
• Cases in which, upon the denial of an application or
petition, an applicant is unlawfully present in the
United States.
Exemptions: The revised policy does not change the
USCIS policy for issuing an NTA in the following categories:
• Cases involving national security concerns;
• Cases where issuing an NTA is required by statute or
regulation;
• Temporary Protected Status (TPS) cases, except where,
after applying TPS regulatory provisions, a TPS denial or
withdrawal results in an individual having no other
lawful immigration status;
• DACA recipients and requestors when: (1) processing
an initial or renewal DACA request or DACA-related
benefit request; or (2) processing a DACA recipient for
possible termination of DACA.
Visa processing change in India
Effective April 1, 2018, the U.S. Embassy in New Delhi
will no longer process IR5, IR1, IR2, CR1, or CR2 visas. The
U.S. Consulate General in Mumbai will be your interview
location if you are in process for an IR5 (Parent of a U.S.
citizen), IR1/CR1 visa (spouse of a U.S. citizen) or IR2/CR2
visa (unmarried minor child of a U.S. citizen).
APPLICATION FINAL ACTION DATES FOR August 2018
|
FAMILY |
India |
Pakistan/Bangladesh |
|
1st |
08May11 |
08May11 |
|
2A |
22Jul16 |
22Jul16 |
|
2B |
22Oct11 |
22Oct11 |
|
3rd |
15Jun06 |
15Jun06 |
|
4th |
22Mar04 |
22Dec04 |
|
EMPLOYMENT |
India |
Pakistan/Bangladesh |
|
1st |
01Jan12 |
01May16 |
|
2nd |
15Mar09 |
Current |
|
3rd |
01Jan09 |
Current |
|
Other |
01Jan09 |
Current |
|
4th |
08Feb16 |
Current |
|
5th |
Current |
Current1B |
DATES FOR FILING VISA APPLICATIONS - August 2018
|
FAMILY |
India |
Pakistan/Bangladesh |
|
1st |
08Mar12 |
08Mar12 |
|
2A |
01Dec17 |
01Dec17 |
|
2B |
08Jan12 |
08Jan12 |
|
3rd |
22Sep06 |
22Sep06 |
|
4th |
01Jan05 |
01May05 |
|
EMPLOYMENT |
India |
Pakistan/Bangladesh |
|
1st |
Current |
Current |
|
2nd |
22May09 |
Current |
|
3rd |
01May09 |
Current |
|
Other |
01May09 |
Current |
|
4th |
Current |
Current |
|
5th |
Current |
Current1B |
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