Published by: Moneycontrol - July 24, 2025
https://tinyurl.com/3n2xwvtb
Quotes and Excerpts from Rajiv in the article:
USCIS policy guidance, issued on 28 February, states that NTAs should only be issued after a denial decision and when the individual is out of lawful status. Immigration attorney Rajiv S. Khanna highlighted that recent cases show NTAs are being issued prematurely, even to individuals in authorised periods of stay, including those who have pending change of status applications.
Khanna pointed to an example of an H-1B worker who applied for a B-2 visitor visa during the grace period and still received an NTA before USCIS ruled on the application. He explained that if a non-frivolous application is properly filed and pending, the person should be in authorised stay and not unlawfully present. Despite this, a significant number of NTAs are reportedly being issued.
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