On September 26, 2018, the United States Citizenship and Immigration Services (USCIS) announced that its new guidance titled “Updated Guidance for the Referral of Cases and Issuances of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens” will take effect on October 1, 2018 [PDF version] for denied status-impacting applications. This includes, but is not limited to,Form 1-485. Application to Register Permanent Residence or Adjust Status, and Form 1-539. Application to Extend/Change Nonimmigrant Status applications. The Policy Memorandum, which had been issued in late June, was delayed while the USCIS worked on completing operational guidance for implementing its new notice to appear provisions. The USCIS did not begin implementing the PM for humanitarian- and employment-based applications,petitions, and self-petitions on October 1.
To learn more about the new policy, including subsequent developments in its implementation, please see our full article on the subject [see article].
(Clarifying updates added on Nov. 9, 2018)