Notices to Appear (NTAs)
In June 2018, USCIS issued a policy memorandum expanding the conditions under which USCIS issues a Notice to Appear, or NTA. A Notice to Appear (NTA) initiates removal proceedings. USCIS has expanded the issues of NTAs 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."
- You can read USCIS’s Policy Memorandum in full, here.
- You can read NAFSA’s informational page on this Policy Memorandum, and what it can mean for F-1 and J-1 students, here.
At this time, USCIS is phasing in this policy. Currently this policy is being phased in for I-485 adjustment of status applications and Forms I-539 (which students use to change status, for an extension of stay, or for a F-1 reinstatement). While I-765 applications (used for OPT and STEM OPT) have not been phased in yet, the expectation is that they will be phased in at a future date.
USCIS states that: "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."
If a student is issued a NTA or a denial notice, the student is encouraged to contact ISSS, which will refer the student to an immigration attorney as appropriate.
The information contained in this web site/form is provided as a service to international students, faculty and staff at the University at Albany. It does not constitute legal advice. We try to provide useful information, but we make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to this web site or any associated site or form. Neither the University at Albany nor ISSS is responsible for any errors or omissions contained in this website, or for the results obtained from the use of this information. Nothing provided herein should be used as a substitute for the advice of competent legal counsel; students may wish to consult an immigration attorney on the specifics of their case as needed.