NTA MemoPosted on Wednesday, December 5, 2018
U.S. Citizenship and Immigration Services (USCIS) recently implemented a new policy that will result in more applicants being processed for deportation if their applications are denied. Previously, if an application (such as a green card, U-visa, or other change in status) was denied, the applicant was not automatically referred to ICE and processed for deportation (especially if the applicant had no criminal record or past immigration fraud). However, beginning October 1, 2018, nearly any denied application will result in the applicant being processed for deportation, unless the applicant is otherwise in lawful status. Initially, exceptions were made for U-visas and other humanitarian applications, but most of those exceptions have now been eliminated. At this point, the only main exceptions to this rule are people applying for a benefit based on employment and people applying for DACA renewals. USCIS will allow the applicant time to appeal the denial, but if no appeal is filed, or if the appeal is denied, USCIS will likely process the applicant for deportation proceedings. If you are placed in deportation proceedings, you will have to appear before an immigration judge and will risk deportation unless you are granted a green card or other lawful immigration status.
Because of this change, it more important than ever that applications be completed correctly and be as well documented as possible, because a denial may result in being processed for deportation. If you would like to discuss your case with an experienced attorney, do not hesitate to contact our office.