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NTA Policy FINAL 2.28.25 FINAL

Updated: Author: Alina Kanametova

Reference Guides 9 pages Anonymized Access on request

Reference document from the materials library for EB-1A / O-1 / EB-2 NIW. Topics: rfe. A real-world example; full access on request.

EB-1A O-1 EB-2 NIW Petition After filing

Key points

  • Explains that Form I-862 is the charging document used to start removal proceedings before an Immigration Judge.
  • Says USCIS, ICE, and CBP all have authority to issue NTAs, with USCIS describing when it will do so.
  • Lists required NTA situations for conditional residence terminations, refugee status termination, HRIFA denials, and asylum/NACARA/credible fear matters.
  • Says national security and criminal cases may lead to NTA issuance, and criminal charges on an NTA must be supported by the record.
  • Addresses fraud or material misrepresentation, including cases where the benefit is denied, withdrawn, abandoned, or revoked.
  • Provides TPS guidance: after final denial or withdrawal, USCIS issues an NTA if the person has no other lawful status, subject to limited delay or consultation rules.
  • Covers NTAs for certain employment-based petition beneficiaries when the petition decision is unfavorable and the applicant is removable and not lawfully present.
  • Describes limited prosecutorial discretion and requires recording the decision and analysis in USCIS systems and the official record.

What is inside

  1. Scope and authority
  2. Background
  3. I. Statutory or regulatory NTAs
  4. II. National security cases
  5. III. Criminal cases
  6. VI. Unlawful presence or other removability
  7. VII. Special circumstances
  8. Implementation

When it helps

Serves as policy evidence for how USCIS decides whether to issue an NTA after adverse immigration-benefit actions or in specified enforcement categories. It also shows the agency's stated use of prosecutorial discretion and recordkeeping for NTA decisions.

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Source: Community (anonymized). The material opens on the site. Reference material, not legal advice.

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