If applicants, beneficiaries, or self-petitioners who are denied are no longer in a period of authorized stay and do not depart the United States, USCIS may issue an NTA. USCIS will continue to send denial letters for these applications and petitions to ensure adequate notice regarding period of authorized stay, checking travel compliance, or validating departure from the United States.
USCIS began implementing the PM for denied Forms I-485 and I-539 on Oct. 1, 2018. USCIS will not implement the memorandum with respect to employment-based petitions at this time. Existing guidance for these case types remain in effect.
USCIS will continue to prioritize cases of individuals with criminal records, fraud, or national security concerns for referral for removal proceedings. USCIS has not changed to the current processes for issuing NTAs on these case types, and the agency will continue to use discretion in issuing NTAs for these cases.
USCIS will continue to take an incremental approach to implement this memorandum. Additional information and updates on the implementation of this PM are available on the Notice to Appear Policy Memorandum page.
Posted by: Christopher Pogue, Esq AT 03:27 pm
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All people arriving at the U.S. border or a port of entry have basic rights, and lawful permanent residents (LPRs), also known as green card holders, enjoy greater rights than nonimmigrants when returning to the United States after travel abroad. Like all international travelers, LPRs are subject to inspection by U.S. Customs and Border Protection (CBP) when arriving at an airport or land port of entry. As an LPR, CBP will screen you to determine whether you are a “returning resident” or an “arriving alien.”
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If questions arise and CBP is unable to admit you quickly, you may be taken to a separate area for “secondary inspection.” A referral to secondary inspection by itself is not an adverse action, but you can expect to be detained anywhere from a few minutes to several hours or longer if an issue arises. During secondary inspection, CBP will ask you questions and may collect biographic and biometric data, run record checks, and determine whether you should be admitted to the United States.
If you are detained by CBP in secondary inspection, you have the following rights:
You have the right to contact your consulate for assistance. The consulate can help you contact a lawyer or your family.
If you have a lawyer, you should ask CBP for permission to contact your lawyer. Note, however, that CBP may tell you that you do not have the right to speak to an attorney.
You have the right to review all written statements that are prepared for you, in a language that you can understand.
If you do not agree with the contents of any papers that are presented to you, you may refuse to sign them.
You do not have a right of privacy that protects your mobile phone, computer, tablet, or other electronic devices. CBP may search your device and access your email and screen your social media activity during the inspection process. Your phone, laptop, or other digital device may be held and returned to you later.
If CBP determines that you are a “returning resident,” you should be processed quickly and admitted to the U.S. However, CBP will consider you an “arriving alien” if it determines that you:
Have abandoned or relinquished your LPR status;
Have been absent from the U.S. for a continuousperiod of more than 180 days;
Engaged in illegal activity after departing the U.S.;
Departed the U.S. while in removal proceedings orextradition proceedings;
Committed certain criminal offenses unless you were granted an immigration waiver; or
Are attempting to enter without inspection.
Right to a Hearing Before an Immigration Judge. An LPR who is deemed to be an “arriving alien,” may be charged as removable from the United States. LPRs that are charged as removable have the right to a hearing before an immigration judge.
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Abandonment of Residence/LPR Status. CBP may attempt to convince you that you abandoned your residence because of your absence from the United States and may urge you to sign a Form I-407, Record of Abandonment of Lawful Permanent Resident Status. However, it is important to know:
Youcannot lose your LPR status solely because of timespent abroad.
An LPR remains an LPR unless the government proves abandonment by clear, unequivocal, and convincing evidence and an order of removal is issued by an immigration judge and becomes final.
Form I-407 must be signed voluntarily. You may refuse to sign the form and there are no negative consequences if you refuse to sign it.
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If CBP believes that you abandoned your U.S. residence and you refuse to sign a Form I-407, CBP must issue you a Notice to Appear (NTA) before an immigration judge who will determine if you have abandoned your U.S. residence. CBP cannot make this decision on its own.
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If CBP believes that you abandoned your U.S. residence and you sign a Form I-407, you still have the right to request a hearing before an immigration judge.
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If CBP takes your permanent resident card, you have the right to other evidence of your LPR status, such as a stamp in your passport.
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Future Travel. To avoid delays at the ports of entry or legal issues in the future, you should consult with an immigration attorney prior to traveling if you:
Have a criminal record (criminal convictions or apending criminal charge).
Have an application pending with U.S. Citizenship and Immigration Services (USCIS) or the Executive Office for Immigration Review (EOIR).
There is anything in your immigration history that was not disclosed during your immigration process or that might cause a government official to question you about the reason for your travel or about your immigration history.
U.S. Customs and Border Protection (CBP) enforces the laws of the United States and U.S. laws will not change following Canada’s legalization of marijuana. Requirements for international travelers wishing to enter the United States are governed by and conducted in accordance with U.S. Federal Law, which supersedes state laws.
Although medical and recreational marijuana may be legal in some U.S. States and Canada, the sale, possession, production and distribution of marijuana or the facilitation of the aforementioned remain illegal under U.S. Federal Law.
Consequently, crossing the border or arriving at a U.S. port of entry in violation of this law may result in denied admission, seizure, fines, and apprehension.
Generally, any arriving alien who is determined to be a drug abuser or addict, or who is convicted of, admits having committed, or admits committing, acts which constitute the essential elements of a violation of (or an attempt or conspiracy to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance, is inadmissible to the United States.
A Canadian citizen working in or facilitating the proliferation of the legal marijuana industry in Canada, coming to the U.S. for reasons unrelated to the marijuana industry will generally be admissible to the U.S.
HOWEVER, if a traveler is found to be coming to the U.S. for reason related to the marijuana industry, they may be deemed inadmissible.
Posted by: Christopher Pogue, Esq AT 07:52 am
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Foreign nationals appearing in police stations, court houses, driver's license offices, federal buildings or similar public spaces may be subject to "extreme vetting" by law enforcement officers and should be prepared to show valid proof of immigration status before visiting these places.
*** Travel Advisory ***
(1) Foreign nationals using mass transportation in the United States such as airports, train stations, and bus stations may come under greater scrutiny than before and should be prepared to show valid proof of status before visiting these places or traveling domestically by air, train, or bus.
(2) If you or one of your parent's was born in or claims citizenship from any of the following countries you should not leave the United States until you have spoken with an immigration attorney as you may be locked out of the United States for the foreseeable future:
Iraq, Iran, Libya, Somalia, Sudan, Syria, or Yemen.
Posted by: Christopher M. Pogue, Esq. AT 01:10 pm
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Travel Advisory - Trump blocks re-entry to the US for all citizens of certain Islamic majority nations. This ban impacts everyone from student visa holders to Legal Permanent Residents (Green Card holders). There are signs that Trump may lift the ban on Green Card holders, but there are also reports from around the world that Green Card holders have been prohibited from boarding flights to the United States.
If you or one of your parent's was born in or claims citizenship from any of the following countries you should not leave the United States until you have spoken with an immigration attorney as you may be locked out of the United States for the foreseeable future:
Iraq
Iran
Libya
Somalia
Sudan
Syria
Yemen
Here is an depth article on what we know and don't know as of this time.
U.S. Citizenship and Immigration Services today announced a final rule published in the Federal Register today adjusting the fees required for most immigration applications and petitions. The new fees will be effective Dec. 23.
Fees will increase for the first time in six years, by a weighted average of 21 percent for most applications and petitions. This increase is necessary to recover the full cost of services provided by USCIS. These include the costs associated with fraud detection and national security, customer service and case processing, and providing services without charge to refugee and asylum applicants and to other customers eligible for fee waivers or exemptions.
The final rule contains a table summarizing current and new fees. The new fees are also listed on the Form G-1055, Fee Schedule, and website. Applications and petitions postmarked or filed on or after Dec. 23 must include the new fees or USCIS will not be able to accept them.
"This is our first fee increase since November 2010, and we sincerely appreciate the valuable public input we received as we prepared this final rule," said USCIS Director León Rodríguez. "We are mindful of the effect fee increases have on many of the customers we serve. That’s why we decided against raising fees as recommended after the fiscal year 2012 and 2014 fee reviews. However, as an agency dependent upon users’ fees to operate, these changes are now necessary to ensure we can continue to serve our customers effectively. We will also offer a reduced filing fee for certain naturalization applicants with limited means."
Read more about the new fee schedule on the Our Fees page. Highlights follow:
A modest fee increase of $45, or 8 percent, from $595 to $640 for Form N-400, Application for Naturalization.
USCIS will offer a reduced filing fee of $320 for naturalization applicants with family incomes greater than 150 percent and not more than 200 percent of the Federal Poverty Guidelines. For 2016, this means, for example, that a household of four with an income between $36,000 and $48,600 per year could pay the reduced fee. Those eligible may apply for this option using the new Form I-942, Request for Reduced Fee.
The fee for Form N-600, Application for Certificate of Citizenship, and N-600K, Application for Citizenship and Issuance of Certificate Under Section 322, will increase from $550 or 600 to $1,170.
A new fee of $3,035 is required for Form I-924A, Annual Certification of Regional Center.
In preparing the final rule, USCIS considered all 436 comments received during the 60-day public comment period for the proposed rule published May 4.
Posted by: Christopher M. Pogue, Esq. AT 08:48 am
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WASHINGTON—Secretary of Homeland Security Jeh Johnson announced his decision to designate Yemen for Temporary Protected Status (TPS) for 18 months due to the ongoing armed conflict within the country. Yemen is experiencing widespread conflict and a resulting severe humanitarian emergency, and requiring Yemeni nationals in the United States to return to Yemen would pose a serious threat to their personal safety. As a result of Yemen’s designation for TPS, eligible nationals of Yemen residing in the United States may apply for TPS with U.S. Citizenship and Immigration Services (USCIS). The Federal Register notice posted today provides details and procedures for applying for TPS.
The TPS designation for Yemen is effective September 3, 2015, and will be in effect through March 3, 2017. The designation means that, during the designated period, eligible nationals of Yemen (and people without nationality who last habitually resided in Yemen) who are approved for TPS will not be removed from the United States and may receive an Employment Authorization Document (EAD). The 180-day TPS registration period begins today and runs through March 1, 2016.
To be eligible for TPS, applicants must demonstrate that they satisfy all eligibility criteria, including that they have been both “continuously physically present” and “continuously residing” in the United States since September 3, 2015. Applicants also undergo thorough security checks. Individuals with certain criminal records or who pose a threat to national security are not eligible for TPS. The eligibility requirements are fully described in the Federal Register notices and on the TPS Web page at www.uscis.gov/tps.
Applicants may request that USCIS waive any or all TPS-related fees based on inability to pay by filing Form I-912, Request for Fee Waiver, or by submitting a written request. Fee-waiver requests must be accompanied by supporting documentation. USCIS will reject any TPS application that does not include the required filing fee or a properly documented fee-waiver request. All USCIS forms are free. Applicants can download these forms from the USCIS website atwww.uscis.gov/forms or request them by calling USCIS toll-free at 1-800-870-3676.
Applicants seeking information about the status of their individual cases can check My Case Status Online or call the USCIS National Customer Service Center at 1-800-375-5283 (TTY 1-800-767-1833) at no cost.
For more information about USCIS and its programs, please visit www.uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Facebook(/uscis), and the USCIS blog The Beacon.
Posted by: Christopher Pogue, Esq. AT 02:46 pm
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Due to the outbreak of Ebola virus disease in West Africa, Secretary of Homeland Security Jeh Johnson has announced his decision to designate Liberia, Guinea, and Sierra Leone for Temporary Protected Status (TPS) for 18 months. As a result, eligible nationals of Liberia, Guinea, and Sierra Leone who are currently residing in the United States may apply for TPS with U.S. Citizenship and Immigration Services (USCIS).
The TPS designations for the three countries are effective Nov. 21, 2014 and will be in effect for 18 months. The designations mean that eligible nationals of Liberia, Guinea, and Sierra Leone (and people without nationality who last habitually resided in one of those three countries) will not be removed from the United States and are authorized to work and obtain an Employment Authorization Document (EAD). The 180-day TPS registration period begins Nov. 21, 2014 and runs through May 20, 2015.
To be eligible for TPS, applicants must demonstrate that they satisfy all eligibility criteria, including that they have been “continuously residing” in the United States since Nov. 20, 2014 and “continuously physically present in” the United States since Nov. 21, 2014. Applicants also undergo thorough security checks. Individuals with certain criminal records or who pose a threat to national security are not eligible for TPS.
Liberians currently covered under the two-year extension of Deferred Enforced Departure (DED) based on President Obama’s Sept. 26, 2014 memorandum may apply for TPS. If they do not apply for TPS within the initial 180-day registration period, they risk being ineligible for TPS because they will have missed the initial registration period. Liberians covered by DED who already possess or have applied for an EAD do not need to also apply for one related to this TPS designation. However, such individuals who are granted TPS may request a TPS-related EAD at a later date as long as the TPS designation for Liberia remains in effect.
Posted by: Christopher M. Pogue, Esq. AT 05:52 pm
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On June 2 ILW.com published attorney Christopher M. Pogue's latest immigration article. To read the complete article CLICK HERE. Below is an excerpt.
Ask an immigration attorney about the most frustrating aspect of their practice today, and most will tell you that they spend an inordinate amount of time explaining basic reasoning and logic skills to US immigration officers set to deny approvable cases – cases where the only dispute is what the record logically reflects, not an actual insufficiency of the record itself.
Why is this? Are the adjudicating immigration officers at DHS and DOS deliberately harassing petitioners and applicants? Is there some anti-immigrant conspiracy or cabal? Unlikely, but what then explains this phenomena?
Social science has the answer and you should use it to your advantage when appealing an illogical denial or notice of intent to revoke.
Let’s take a closer look at the problem…
Whether it’s a family case suspected of a fraud in Ghana, or an H-1B petition for a growing IT startup, petitioners are being suspected of fraud at alarming rates.
Most denials are based upon a failure to provide “sufficient evidence” to establish eligibility for the benefit sought. However in many, if not all of these cases, the officer likely believes there to be an element of potential fraud that they are valiantly battling back against.
This is because every officer is trained to suspect fraud around every corner and success is measured not in cases approved or growth of the economy, but in levels of potential fraud detected and prevented.
Walk through a service center and what do you see? Take a look at embassy cubicles and what do you find? I will tell you what we find; we find “fraud” literally wallpapering the environment.
Service Centers and Embassies are covered with newspaper clippings, training materials, and bulletins detailing high levels of immigration fraud, warning staff to be hyper-vigilant for fraud.
The US Embassy is Accra, Ghana is an excellent case in point. The Inspector General (OIG) Latest Report[2] found: “The staff capably and courteously handles a heavy workload in a challenging, high-fraud environment.” The report then notes, “Fraud in immigrant and NIV applications is widespread. Consular officers are attentive to the potential for fraud and malfeasance. The recent investigation and subsequent dismissal of a long-time LE staff employee and some local guards has heightened this awareness.”
Yes, you read that correctly; even the staff at the US Embassy is suspected of committing fraud in Accra, Ghana.
According Governmental Accountability Office (GAO)[3] over 90% of family connections are requested to provide DNA evidence of their family connections. The Embassy even has a special webpage discussing “Romance Scams.” The page warns US citizens about “attempts at fraud by persons claiming to live in Ghana who profess friendship or romantic interest over the Internet.”[4]
Fraud, fraud, fraud, fraud, fraud… Did I mention fraud?
It’s around every corner, don’t you know?
And perhaps there is some fraud, but that’s not the point here.
The point is this, creating an environment that conditions immigration officers to suspect fraud around every corner significantly impacts the performance of these officers.
This is not my pet theory. This is social scientific fact. It’s called Confirmation Bias, and as Sir Francis Bacon noted above, its impact has been widely noted and accepted within social science since at least the 17th Century.
This website and the information on it is not legal advice. Do not rely upon any information found on this website or through the links on this website. You must contact our law firm AND enter into a written legal retainer agreement in order to obtain legal advice from our law firm for your situation. Contact us today so that we can provide you legal advice for your case.
