On Monday (1 October, 2018), the U.S. will begin implementing a new rule to allow the commencement of deportation proceedings for legal immigrants whose right to remain in the country has expired for various reasons, including a change in status, or their US visas being denied, according to officials.
But, holders of H-1B US visas will likely be relieved that the federal agency responsible for implementing the new rule says that the policy will go forward on humanitarian petitions and applications, as well as employment-based petitions. On Wednesday, US Citizenship and Immigration Services (USCIS) said that it would begin to take an incremental approach when the new rule comes into effect on 1 October.
The new rule will allow US Citizenship and Immigration Services to issue Notices to Appear (NTA) to individuals whose applications to change their status or extend their US visas have been denied. In immigration law, an NTA is seen as the first step in the deportation for foreign nationals with no legal right to remain in the US and orders them to appear in court in front of an immigration judge.
USCIS says it will offer details to applicants on how they can review their information relating to their authorized period of stay in the US, validate their departure from the country, or check their travel compliance. Individuals with criminal records, who have committed visa fraud or who are seen as national security risks will continue to be the agency’s priority.