Published by: The Economic Times - July 24, 2025
https://tinyurl.com/2x5kn9mv
Quotes and Excerpts from Rajiv in the article:
Immigration attorney Rajiv S. Khanna pointed out that USCIS guidance, issued on February 28, directs that NTAs should only be issued after an unfavourable decision and when the individual is out of lawful status. “Recent cases demonstrate USCIS improperly issuing NTAs to individuals who remain in ‘authorised periods of stay’, including those with pending change of status applications,” he said.
As per Lubna's report, he cited the example of an H-1B worker who had applied for a change of status to a B-2 visitor visa within the grace period, yet received an NTA before USCIS had ruled on the application. “If you have a properly filed, non-frivolous application pending, you should be considered in ‘authorised stay’ for unlawful presence purposes. Despite this, we are seeing a significant volume of NTAs,” Khanna added.
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