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midwinterrose

USCIS Policy Memo: NTAs for everybody?

By midwinterrose in US Immigration News and Discussion

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midwinterrose Enthusiast

midwinterrose   275

Posted
Filed: K-1 Visa Country: Costa Rica
 Timeline
Posted

I saw this news story about a new USCIS policy memorandum today, what do you guys think?  

https://www.forbes.com/sites/stuartanderson/2018/07/11/new-uscis-policy-will-carry-harsh-consequences-for-applicants/#6352367f4615

 

The actual memo can be read here: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-06-28-PM-602-0050.1-Guidance-for-Referral-of-Cases-and-Issuance-of-NTA.pdf

 

I am concerned about how this new policy will affect K1 spouses filing for AOS.  As their I-94 will have expired and their petition for AOS would be the only thing providing them legal status, if they were denied, would they automatically be given an NTA and put into deportation proceedings?  The news story makes it sound like simply leaving the U.S. after being denied and then filing for CR1 will no longer be practical/possible.  This is an excerpt from the memo:

 

V. Aliens Not Lawfully Present in the United States or Subject to Other Grounds of Removability

USCIS will issue an NTA where, upon issuance of an unfavorable decision on an application, petition, or benefit request, the alien is not lawfully present in the United States.

 

I know things get exaggerated to make headlines, but reviewing the memo itself seems to support what the article says.  Thoughts?

2018 K1 Filing to Approval: 322 days (RFE 29 Days)

Spoiler

I-129F mailed: Jan 26 2018

NOA1: Jan 29 2018 (old site), Feb 2 2018 (new site)

RFE: Aug 30 2018 (old site updated 8/30; new site 8/31 w/email and text)

RFE hard copy: rec'd 9/4; ret'd 9/6 (old site updated 9/7; new site 9/10, no text/email)

NOA2: Oct 5 2018 [249 days]  (old site updated 10/5; new site 10/7, no text/email)

Case #: Oct 31 2018 [27 days] (called to get number, no email from NVC)

Left NVC: Nov 13 2018 

Consulate Rec'd (DHL): Nov 19 2018

CEAC 'Ready' status: Nov 29 2018

Interview: Dec 17 2018 [Approved!]

POE: Jan 10 2019 [Los Angeles]

Marriage: Jan 12 2019 :wub::dance:

2019 AOS Filing to Approval: 81 Days (No RFE, No Expedite)

Spoiler

AOS Mailed: Feb 19 2019

NOA1: Feb 25 2019 (I-485, I-765, I-131)

Biometrics Appt. Letter Rcv'd: Mar 8 2019

Biometrics Appointment: Mar 20 2019

Recv'd Interview Appt. Notice: Apr 15 2019 [I-485] (ready to schedule 4/10, scheduled 4/11; old site)

Interview: May 17 2019 [Cleveland, OH]

Approved: May 17 2019  :dance:

Green Card Received: May 24 2019

2021 ROC Filing to Approval: 534 Days (LIN; No RFE, No Interview)

Spoiler

ROC Mailed: Mar 5 2021 (delivered 3/12)

NOA1: Apr 5 2021 (txt rcvd 4/7, check cashed 4/7, mail rcvd 4/9) 

Biometrics Re-used Notice Rcv'd: Apr 30 2021

Approved: Sep 21 2022 :dance:

Green Card Received: Sep 28 2022

2022 N400 Filing to Oath: 154 Days (Cleveland Field Office; No RFE)

Spoiler

N400 Submitted: Jun 16 2022 (online)

NOA1: Jun 16 2022 (rcv'd snail mail 6/24)

Biometrics Re-used Notice Rcv'd: Jun 16 2022 (rcv'd snail mail 6/24)

Interview Scheduled: Sep 6 2022 (cancelled due to A-file not arrived in time)

Interview Re-scheduled: Oct 21 2022

Approved: Oct 21 2022 :dance:

Oath Ceremony: Nov 16 2022 :wow:🇺🇸

event.png



 

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Ontarkie Grand Master

Ontarkie   14,221

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

~~Locked in favour of the thread posted above.~~

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Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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