An attorney in New York State, E. Abel Arcia represents a diverse group of clients obtaining legal immigration status and claiming compensation for worksite injuries. As an immigration lawyer passionate about reform, E. Abel Arcia litigates a wide range of deportation and removal cases.
In June of 2018, U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum updating its Notice to Appear (NTA) requirements. Individuals who are not citizens can be issued an NTA by any federally regulated immigration agency. These notices initiate deportation proceedings, which require the person to attend a hearing and appear before an immigration judge.
The new policy makes an extension denial a deportable offense carrying a 5-year re-entry ban if the applicant’s visa status has expired during processing. Additionally, since there is no requirement to send a warning notice, applicants may not be given sufficient time to rectify their unlawful presence.
This policy change is especially detrimental to professionals on H1-B visas, who typically face long gaps between the submission of their visa extension and a decision. USCIS has a significant backlog of applications, which increases the likelihood that an applicant’s original immigration status will lapse before a decision is made. Experts advise employers of H-1B visa holders to petition for work visa extensions well in advance or to file for a green card as soon as possible.
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