How will the new US deportation rule affect Indians?

Starting 1st October 2018, the US has implemented a new deportation rule for people whose legal status to remain in America has expired. The expiration could be because of a change of status or denial of visa extension.

Under the new rule, such people would be issued Notices to Appear (NTA). An NTA, in immigration law terms, is considered the first step towards the deportation of a foreign national. It is a document instructing the foreign national to appear before an immigration judge.

A significant number of H1B Visa holders in the US are Indians. In recent months, a significant number of applications for extension of H1B Visa holders have been denied. This deportation rule could have a massive impact on a large number of Indians living in the USA. For the time being the issuance of NTAs to these categories have been put on hold

According to The Economic Times, USCIS will send denial letters to status-impacted applicants. This will ensure those benefit seekers would be provided adequate notice when a benefits application has been denied.

The letter will also contain details about how the applicants can view information regarding their period of legal stay. They will also be able to check travel compliance or validate their departure from the USA.

The USCIS will prioritize cases of individuals with a criminal record, fraud or any national security concern. There has been no change in the process of issuing NTAs in such cases. USCIS uses its discretion while issuing NTAs in such cases.

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