USCIS: The Return of an Enforcement Agency

USCIS (United States Citizenship and Immigration Services) underwent a drastic policy shift in July 2018. The sleeping giant has been the foundation of US immigration filings predominately to (1) US Citizen Spouses, Children, and Parents, (2) Lawful Permanent Residents seeking to continue their permanent status or to become a US Citizen, and (3) Employment Entities. However, now, USCIS has been given two updates that will scare many, lead to more denials, and lead to quicker deportation.

1. Straight Denials

Starting September 11, 2018, if a USCIS Officer feels a Waiver Application or Family-based Application (which usually is the same filing) lacks sufficient supporting documentation or information, the filing would be immediately denied.

Why is this an issue? Only a small portion of filings are handled by Immigration Attorneys. The great majority of filings are filed by individuals who do not know all of the required forms to a filing or all of the required documentation.

All forms have an “instruction” to guide filers; however, most instructions lack (1) stating what other forms are needed, and (2) stating what documentation are required, apart from proof of birth, proof of ID, and proof of current US Status.

USCIS does have a “helpline,” but for anyone that has ever called the helpline, you will find little guidance and numerous answers to the same question. This is dangerous because, if you ask, “What forms do I need to help my wife get a Green Card?” If you get answers between 1 form and 10 forms, you will likely be confused and miss something.

Being an Immigration Attorney, I frequently assist with 2nd, 3rd . . . 5th filings for where an individual tried to file for an immigration process.

This policy would provide immediate denials, and “not provide the reason for the denial.” Individuals without attorneys will be disadvantaged.

Below is the policy Link:

https://www.uscis.gov/news/news-releases/uscis-updates-policy-guidance-certain-requests-evidence-and-notices-intent-deny

2. Denials will receive NTA (Notice to Appear) for Deportation

A denial is common with USCIS filings. Usually, a denial is related to the financial stability of the Sponsor or improper entry into the United States (and a waiver wasn’t applied for). However, a denial didn’t normally lead to deportation court, unless you were denied in an I-751 filing, which is one form in dozens.

If USCIS immediately denies a filing from the first stated policy, this policy will bring (1) detainment for being in the US Illegally, and (2) forcing you to experience the Deportation Process.

Below is the policy Link:

https://www.uscis.gov/news/news-releases/uscis-updates-notice-appear-policy-guidance-support-dhs-enforcement-priorities

The enforcement Agency

USCIS will begin to send a large amount of its 10s of thousands of immigration filings to deportation court.

As an Immigration Law Firm, our services are proactive in preventing the unfortunate outcome of having to receive a Green Card through Deportation Court, or having to receive a judge’s “permission” to have a second attempt at filing an Immigration Process.

Being proactive is considerably less expensive than being defensive. This is a fact of life that also applies to immigration.

Whether you need immigration assistance or deportation assistance, please consider Fickey Martinez Law Firm, P.L.L.C. in assisting with your immigration needs.

 

Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

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