A couple of policy memos recently circulated by US Citizenship and Immigration Services (USCIS) could result in sudden US visa denials and individuals being referred for deportation from the US, according to immigration attorneys. The most recent memo, released last week, changes policy by enabling immigration officials to reject applications for US visas if information is inaccurate or absent.
In 2013, officials were guided to deliver Requests for Evidence, which allowed 30 days for paperwork gaps to be filled in unless correcting such mistakes was an impossibility, and then applicants would be alerted to the likelihood of rejection by Notices of Intent to Deny. These policies apply to applications for, as well as renewals of, both permanent and temporary status US visas, which must be obtained by immigrants for them to have the legal right to live and work in the US.
Applications for US visas are often complicated, with a long list of evidence needed, which ties an immigrant either to families or a job in the US. The new policy, which will be implemented from 11 September, enables USCIS to deny applications for failing to establish eligibility because of a lack of the kind of evidence initially required.
The American Immigration Lawyers Association president, Anastasia Tonello, says that the change, as well as one made on 28 June allowing applicants to be referred for deportation by Customs the moment their US visas are denied, is an attack on legal immigration.