New Policy from USCIS

[IowacityGuy 152]

My lawyer just posted a link on her website from USCIS https://www.uscis.gov/news/news-releases/uscis-updates-notice-appear-policy-guidance-support-dhs-enforcement-priorities . Its seems scary.. like whats going on with sudden movements? I know this used to happen before trump too but why its being highlighted during his term? 

Edited July 6, 2018 by abhatia315
spelling erros

[Crazy Cat 41,857]

Attorneys use scare tactics to attract more honey.......I mean more money...

[Paul & Mallory 1,398]

Am I missing something? What part is scary?

 

The revised policy generally requires USCIS to issue an NTA in the following categories of cases in which the individual is removable:

• Cases where fraud or misrepresentation is substantiated, and/or where an applicant abused any program related to the receipt of public benefits. USCIS will issue an NTA even if the case is denied for reasons other than fraud.
• Criminal cases where an applicant is convicted of or charged with a criminal offense, or has committed acts that are chargeable as a criminal offense, even if the criminal conduct was not the basis for the denial or the ground of removability. USCIS may refer cases involving serious criminal activity to ICE before adjudication of an immigration benefit request pending before USCIS without issuing an NTA.
• Cases in which USCIS denies a Form N-400, Application for Naturalization, on good moral character grounds because of a criminal offense.
• Cases in which, upon the denial of an application or petition, an applicant is unlawfully present in the United States.

The revised policy does not change the USCIS policy for issuing an NTA in the following categories:

• Cases involving national security concerns;
• Cases where issuing an NTA is required by statute or regulation;
• Temporary Protected Status (TPS) cases, except where, after applying TPS regulatory provisions, a TPS denial or withdrawal results in an individual having no other lawful immigration status;
• DACA recipients and requestors when: (1) processing an initial or renewal DACA request or DACA-related benefit request; or (2) processing a DACA recipient for possible termination of DACA.

 

Don't commit fraud or misrepresentation. Don't abuse any program related to the receipt of public benefits. Don't be convicted of or charged with a criminal offense or commit a chargeable offense. Don't unlawfully exist in the US. If you do, then you should be scared anyway regardless of this article being updated/posted.

[debbiedoo 2,339]

everything on there seems like common sense to me.

 

unless you are here illegally, committing fraud or other criminal activity, its nothing to be concerned about and is a good thing.

[IowacityGuy 152]

Yeah. That what I thought too.. meaning deportation used to happen before trump came to power as well but why its highlighted during his presidency? I mean what special he is going to do? I had a simple misdemeanor case before I came to the United states which was later dismmised and it was disclosed in my cr1 application. I hope I am not affected? My lawyer posted me this link which got me little worried..

[IowacityGuy 152]

1 hour ago, Paul & Mallory said:

Am I missing something? What part is scary?

 

The revised policy generally requires USCIS to issue an NTA in the following categories of cases in which the individual is removable:

• Cases where fraud or misrepresentation is substantiated, and/or where an applicant abused any program related to the receipt of public benefits. USCIS will issue an NTA even if the case is denied for reasons other than fraud.
• Criminal cases where an applicant is convicted of or charged with a criminal offense, or has committed acts that are chargeable as a criminal offense, even if the criminal conduct was not the basis for the denial or the ground of removability. USCIS may refer cases involving serious criminal activity to ICE before adjudication of an immigration benefit request pending before USCIS without issuing an NTA.
• Cases in which USCIS denies a Form N-400, Application for Naturalization, on good moral character grounds because of a criminal offense.
• Cases in which, upon the denial of an application or petition, an applicant is unlawfully present in the United States.

The revised policy does not change the USCIS policy for issuing an NTA in the following categories:

• Cases involving national security concerns;
• Cases where issuing an NTA is required by statute or regulation;
• Temporary Protected Status (TPS) cases, except where, after applying TPS regulatory provisions, a TPS denial or withdrawal results in an individual having no other lawful immigration status;
• DACA recipients and requestors when: (1) processing an initial or renewal DACA request or DACA-related benefit request; or (2) processing a DACA recipient for possible termination of DACA.

 

Don't commit fraud or misrepresentation. Don't abuse any program related to the receipt of public benefits. Don't be convicted of or charged with a criminal offense or commit a chargeable offense. Don't unlawfully exist in the US. If you do, then you should be scared anyway regardless of this article being updated/posted.

Well I am one of those people who go by the books.. so I am not worried on that part but any small changes makes me nervous as I had a simple misdemeanor before I came here and as I have mentioned before it was disclosed during my cr1 application. I always have attorney but this time I think she was exaggerating the situation so I got concerned that If I will be effected in any way. 

[Paul & Mallory 1,398]

4 minutes ago, abhatia315 said:

Well I am one of those people who go by the books.. so I am not worried on that part but any small changes makes me nervous as I had a simple misdemeanor before I came here and as I have mentioned before it was disclosed during my cr1 application. I always have attorney but this time I think she was exaggerating the situation so I got concerned that If I will be effected in any way. 

If you are going by the books with your process, you have nothing to worry about. Unfortunately, some attorneys like to induce fear or anxiety/worries in people so they can generate more business. If you browse the forums in general, you will see many instances in which attorneys have actually given incorrect advice all together. Not saying that your attorney is bad at their job, but just to take these things with a grain of salt.

 

It also has nothing particular to do with the current administration. The things I read in that article do not sound new to me; perhaps just updated verbiage to remain more current and relative. Procedure wise, still looks pretty much the same. I don't think it's necessarily being "highlighted"; procedures/instructions/forms routinely get updated to remain cohesive with existing conditions or needs.

[randomstairs 303]

On 7/6/2018 at 7:45 AM, abhatia315 said:

Well I am one of those people who go by the books.. so I am not worried on that part but any small changes makes me nervous as I had a simple misdemeanor before I came here and as I have mentioned before it was disclosed during my cr1 application. I always have attorney but this time I think she was exaggerating the situation so I got concerned that If I will be effected in any way. 

This memo only applies to the aliens who are removable or inadmissible. So, for example, if you're not lawfully present and get charged with a minor misdemeanor, that could be a problem. However, if you are in good status, none of these guidelines apply to you, so relax.