U.S. Citizenship and Immigration Services issued updated guidance on July 5, 2018 that aligns its policy for issuing Form I-862, Notice to Appear (NTA), with the immigration enforcement priorities of the Department of Homeland Security.

USCIS, along with Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP), has legal authority under current immigration laws to issue NTAs. This latest Policy Memorandum updates the guidelines USCIS officers use to determine when to refer a case to ICE or to issue an NTA. The revised policy generally requires USCIS to issue an NTA in the following categories of cases in which the individual is removable:

• Cases where fraud or misrepresentation is substantiated, and/or where an applicant abused any program related to the receipt of public benefits. USCIS will issue an NTA even if the case is denied for reasons other than fraud.