My people, this is attorney María Mendoza writing to you. My commitment is to help you understand the laws and changes that may affect you in my favorite area: immigration in the United States.
Recently, the U.S. Citizenship and Immigration Services (USCIS) issued a new policy memorandum that significantly expands the circumstances under which a Notice to Appear (NTA) can be issued. An NTA is a document that initiates deportation proceedings in an immigration court.
What does this new memorandum entail?
According to the new policy, anyone who applies for an extension or change of status, and whose application is denied while their status has expired, may receive an NTA and be placed in deportation proceedings. This policy implements a practice used during the first administration of President Donald Trump, tightening the approach towards immigration applications.
You may also be interested in: The Donald Trump administration creates a new registry for immigrants in the United States.
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What happens if you receive an NTA?
If USCIS denies an application and issues an NTA, the deportation process officially begins. However, this does not mean the case is over. There are multiple stages within the procedure, each with legal implications that can affect the final outcome.
Receiving an NTA does not mean immediate deportation, as legal proceedings can take years to complete, depending on the immigration courts’ caseload and other administrative factors.
The process begins with the official NTA notification. If the person is not detained, they will receive a summons for an initial hearing, known as a “Master Hearing.” At this hearing, the immigration judge will review the case and determine the next steps. However, due to the volume of cases in immigration courts, these hearings are often delayed significantly.
In certain situations, individuals can remain in the United States for years while waiting for a resolution, which may be advantageous for those hoping for a change in immigration policies under a new administration.
You may also be interested in: ICE Operations: Everything You Need to Know to Protect Yourself.
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Alternatives and Recommendations
If USCIS denies a petition and issues an NTA, there are still legal options to consider:
- Appeals: You can file an appeal to challenge USCIS’s decision, which could provide more time in the United States.
- Administrative Errors: USCIS officers who make these decisions are not judges or immigration lawyers, so inconsistencies may exist in their rulings.
- Legal Advice: Having an immigration lawyer from the start of the process is crucial to understanding your available options and preparing the best defense possible.
Despite the challenges posed by these changes in immigration policy, at The Mendoza Law Firm, we have over 15 years of experience. Do not hesitate to contact us. We are ready to guide you through every step of the process and protect your rights. Contact us!
¡La lucha sigue!
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