Trump administration policy 2018 to deny cases without a request for evidence (RFE) and to issue NTA (deportation) when a petition is denied

1. Deportation and Denial Policy 2018
Law Offices of Rajiv S. Khanna, PC
16 July 2018
The Trump administration intends to couple denial with deportation (removal) and
deny cases without RFE
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2. What is the new policy?
1. Denials will follow (or be accompanied by) NTA, the beginning of deportation
a. What is an NTA?
b. What does it mean?
i. Cannot depart -- when?
ii. Consequences of departing
iii. Consequences of staying - unlawful presence
iv. Getting NTA revoked through DHS or through IJ
v. Getting voluntary departure
2. Administrative proceedings - appeal/MTR
3. Court Actions
a. Mandamus
b. Tolling
c. Relief
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3. Another Problem - Denial Without RFE
1. Required Evidence
2. Recommended Evidence
3. Notable Points
a. Denials based upon incomplete required evidence
b. Denials based upon clear ineligibility
c. Denials based upon absence of recommendedevidence
4. Unclear memo - NOID more likely than RFE
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4. Avoidance Strategies
1. Apply for benefits as early as possible
2. File premium processing
3. Depart while RFE is pending - consular processing problems
4. AOS applicants should maintain parallel status
5. Open to judicial challenge
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5. Questions from the participants
This conference call is by invitation only for our existing clients and their employees.
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6. Deportation and Denial Policy 2018
Law Offices of Rajiv S. Khanna, PC
16 July 2018
The Trump administration intends to couple denial with deportation (removal) and
deny cases without RFE
6