If your immigration application is denied, and USCIS decides you are removable, you can now be placed directly into deportation proceedings. Under previous policy, if USCIS denied an application and believed an individual was removable, it would refer the large majority of these cases to ICE. ICE, after an investigation, would then decide in its discretion whether or not to place the individual into deportation. In the past they would use discretion and not try to deport people in the US for years who had family and no criminal issues.
However, under new guidance, USCIS will now bypass ICE and begin placing all denied applicants directly into deportation in a wide variety of cases if the individual does not hold valid immigration status. Which means USCIS will now place spouses, parents, and possibly children of U.S. citizens or permanent residents into deportation if their applications are denied. This policy has the potential to place thousands of individuals into and already overcrowded immigration court system and rip apart thousands of families a year.
Furthermore, USCIS will now place an applicant into deportation, not only if he was convicted of a deportable crime, but also if he was simply charged with certain criminal offenses (even if not convicted), or “committed acts that are chargeable as a criminal offense.” In certain criminal cases, an applicant could be put into deportation well before USCIS decides on the application. This means that an applicant could be placed into deportation on criminal grounds without warning or notice. The application itself could be a triggering factor.
In addition, naturalization applicants are now more susceptible to deportation. Certain crimes, including some misdemeanors, will preclude a finding of good moral character. If an application for naturalization is denied on good moral character grounds because of a criminal offense, USCIS is now mandated to place the applicant into deportation as well.
According to the Lloyd Bennett, Esq, former chapter chair of the American Immigration Lawyers’ Association - NJ Chapter, these new policies, “will add thousands of individuals into an already broken immigration system.” Which is why it is extremely important for an immigration lawyer to review your history before submitting an application for you or your family member to USCIS. Our office has helped thousands of people successfully navigate the immigration system. We urge you to schedule a free consultation with one of our experienced attorneys.
Call (800) 909-8129 or use our online form to schedule your consultation. Se Habla Espanol.