Implementation went into effect as of October 1, 2018.
There is some discussion that this new policy is changing USCIS status to an enforcement agency. We will keep you updated as any litigation regarding this policy is undertaken or decisions published.
Here is a link to the memorandum.
USCIS clarified that:
Under the updated guidance, USCIS will now also issue NTAs in the following cases:
- Where fraud or misrepresentation is substantiated.
- Where there is evidence that an applicant abused a public benefits program.
- Where an applicant with no lawful status is charge with, convicted of, or commits acts chargeable as a criminal offense, even if the offense would not lead to a denial of an immigration benefit.
- Where a naturalization application is denied on good moral character grounds because of a criminal offense.
- Where the applicant would be unlawfully present in the United States after a petition or application is denied.