An Indian passport sits on a desk along with a set of visa application forms at a visa processing center in New Delhi. (Photographer: Anindito Mukherjee/Bloomberg)

U.S. To Deport Foreigners Without Legal Status From Oct. 1

From Monday, the U.S. will start implementing a new rule which allows the initiation of deportation process of people whose legal status to stay in the U.S. has expired for reasons such as denial of visa extension application or change in status, officials said.

However, in a relief to H-1B visa holders, a federal agency tasked with this said that for the time being, this policy will not be implemented with respect to employment-based petitions and humanitarian applications and petitions.

The U.S. Citizenship and Immigration Services, responsible for granting visa or its extension to non-immigrants, said that they will start taking an incremental approach to implement the new rule from Oct. 1.

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Under the new rule, they will issue NTA to people whose applications regarding visa extension or changes in status have been denied. The Notices To Appear is considered the first step to deportation of foreign nationals who do not have valid papers to legally stay in the U.S. It is a document that instructs an individual to appear before an immigration judge.

In recent months, with applications of extension of H-1B visa holders being denied, and a significant number of those being Indian nationals, the new rule could have a major impact on Indians living in the U.S. But for the time being, issue of NTA to those categories have been put on hold.

The U.S. Citizenship and Immigration Services said that it will send denial letters for status-impacting applications that ensures benefit seekers are provided adequate notice when an application for a benefit is denied.

It said that it will provide details on how applicants can review information regarding their period of authorised stay, check travel compliance, or validate departure from the U.S. The federal agency will continue to prioritise cases of individuals with criminal records, fraud, or national security concerns.

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