On September 27, 2018, USCIS hosted a teleconference and discussed the policy memorandum regarding the issuance of NTA’s.
Notice to Appear (NTA) memo was issued on June 28, 2018, and will be incrementally implemented starting October 1, 2018.
– USCIS in general will not issue NTA immediately upon denial of a case though USCIS reserves the right to issue an NTA immediately. In general USCIS will wait for the expiration of motion/appeal period.
– Withdrawing an application does not cancel USCIS’ authority for issuance of NTA.
– USCIS policy will not be implemented with respect to employment-based and humanitarian filings such as H-1B etc for now and current rules will stay in place for such filings.
– I-539 filings (F-1 or H4 or B1/B2 Change of Status cases) and I-485 filings will be impacted by this memo for now.
– USCIS will setup a website to provide thee public with more additional guidance.
This policy is subject to change in future and one should stay updated with the latest rules and regulations as they constantly change.