Even legal immigrants can be deported from the U.S., according to a new policy adopted by the United States Citizenship and Immigration Services (USCIS).
When people file applications with the USCIS to receive immigration benefits, they will have to file their applications with certain supporting documents. They can find the list of those documents on the form filing instructions. When the USCIS offices believe that they need additional information to process a certain case, they will issue a Request for Evidence (RFE).
These notices are sent to immigrants if their applications have a problem or if the USCIS needs more information to decide on their case and to make sure the applicants are eligible for the immigration benefit they have applied for. Applicants who receive an RFC could send the required additional evidence and once the USCIS receives it, it would continue to process their cases.
A policy created in 2013 instructs immigration officers to issue RFS’s to applicants when they think there is some information missing and that they can obtain it from the applicants by issuing an RFE. The policy states, “USCIS has the discretion to issue RFEs and NOIDs in appropriate circumstances”. It also states that the applications can be denied only if there is no possibility that the missing information can be obtained from applicants and that it may not be helpful in processing the application.
After this policy was adopted, most immigration cases that had problems were issued RFEs. Likewise, applicants were also given time to respond to the RFE and send the required documents.
A Notice of Intent to Deny will be sent to an applicant to notify them that the USCIS is getting ready to deny their applications. This notice will include the reason why their applications will be denied. It also gives the applicants a chance to respond to the USCIS.
Now the USCIS has adopted a new policy that allows immigration officers to decide whether to deny an application or to send an RFE. According to this policy, the adjudicator can even deny an application without first issuing an RFE.
Your application can be denied and you may not be given a chance to fix the issue. This policy does not only apply to those applying for temporary visas or those applying for immigrant visas and green cards.
The new policy states, “This policy is intended to discourage frivolous or substantially incomplete filings used as ‘placeholder’ filings and encourage applicants, petitioners, and requestors to be diligent in collecting and submitting required evidence.”
How will it affect you?
It is now more important to check your application multiple times before you file it with the USCIS. Even a small error could likely delay your application.
The new policy states, “If all required initial evidence is not submitted with the benefit request, USCIS in its discretion may deny the benefit request for failure to establish eligibility based on lack of required initial evidence.”
An article by CBS news that talks about another policy change says, “[it] allows Customs to refer applicants for deportation as soon as their visas are denied. Rejected applicants are also left with no legal immigration status.”
This shows that making mistakes on your immigration application might result in deportation. USCIS in its policy update says that it will deny an application if immigrants fail to include an Affidavit of Support (if required) with their Form I-485, Application to Register Permanent Residence or Adjust Status.
This USCIS policy took effect on September 11, 2018. If you are filing an immigration application, make sure that you are filing it correctly. If you believe that you may not be able to complete the application and file it correctly, you can seek the help of an online immigration software like that of US-Immigration.com’s.
US-Immigration.com that provides a do-it-yourself software, is not affiliated with any government agency. The software offers step-by-step instructions to help make sure you do not make mistakes. You can also take the eligibility quiz before you complete an application so that you make sure you are eligible to file that application before completing it.