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U.S. Citizenship and Immigration Services (USCIS) announced today that it will temporarily delay implementation of a recent policy change that would initiate removal proceedings against foreign nationals who fall out of status when their immigration petitions are denied.
Key points:
BAL Analysis: This announcement confirms that USCIS is not currently implementing the new NTA policy and will not begin implementation until operational guidance is issued. The delayed implementation gives businesses and foreign employees some additional time to prepare. The agency will be releasing operational guidance, which should make the impact of the policy memo clearer. Sources within the agency have indicated that officers are likely to be directed to grant a 30- or 45-day grace period before issuing NTAs to allow time for foreign nationals to appeal or leave the U.S. before the notice is issued. BAL is closely following this and other policy changes and will update clients as soon as information becomes available.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
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