Breaking news: you can get deported and banned 10 years for missing a document on 485

[wimon]

USCIS new policy on 7:13/2017

485 can be denied directly without RFE and NOID. USCIS will issue NTA and deport you immediately because you miss a single evidence in your 485 package without having to issue RFE or NOID.

Truly MAGA! Their goal of driving all immigrants out is within reach.



https://www.uscis.gov/sites/default/...IDs_FINAL2.pdf

[BayAreaCaliAOS]

This is very scary. I hope nobody gets deported because of this unreasonable legislation.

[cali2018]

Please anyone who has immigrants who are already citizens ask them to vote in November 28 and 2020. Yes the Democrats are not perfect but these policies can be reversed. I know of an immigrant whose wife is a US citizen that voted for trump. He is about to be deported. They both loved Trump and helped his campaign. It?s becoming really scary in this country that is built on immigrants.

Why did he not do AOS, after getting married?

[Plz]

Why did he not do AOS, after getting married?

He is one of those that wasn?t qualified for DACA because of his age.

[UScitizenFilingforspouse]

USCIS new policy on 7:13/2017

485 can be denied directly without RFE and NOID. USCIS will issue NTA and deport you immediately because you miss a single evidence in your 485 package without having to issue RFE or NOID.

Truly MAGA! Their goal of driving all immigrants out is within reach.


https://www.uscis.gov/sites/default/...IDs_FINAL2.pdf

That's what you understood from that memo? Really>?

[azblk]

Please anyone who has immigrants who are already citizens ask them to vote in November 28 and 2020. Yes the Democrats are not perfect but these policies can be reversed. I know of an immigrant whose wife is a US citizen that voted for trump. He is about to be deported. They both loved Trump and helped his campaign. It?s becoming really scary in this country that is built on immigrants.

I suffer no fools. If he was stupid enough to help Trumps campaign - he is getting exactly what he deserves.

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That's what you understood from that memo? Really>?

Yes that is the net result of these new policies. Missing/lost i-864. You get denied. You get denied, you are automatically issued a NTA and put in deportation. No money for an attorney - you are almost guaranteed to be deported. It is not a stretch at all.

[S_R_E]

That's what you understood from that memo? Really>?

From the USCIS document text


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. Examples of filings that may be denied without sending an RFE or a NOID include, but are not limited to:

? Waiver applications submitted with little to no supporting evidence; or

? Cases where the regulations, the statute, or form instructions require the submission of an official document or other form or evidence establishing eligibility at the time of filing and there is no submission. For example, family-based or employment-based categories where an Affidavit of Support (Form I-864), if required, was not submitted with the Application to Register Permanent Residence or Adjust Status (Form I-485).


From that snippet you could assume that they could also now deny an AOS application for not satisfying the Affidavit of Support requirements such as incomplete supporting documentation or lack of primary and co-sponsor paperwork when using a co-sponsor which appears to be not that uncommon an occurrence as it seems the spouse often does not include one from themselves when using a co-sponsor.

I'm not sure what the official policy will be on something like not providing a completed medical with the initial application now? Will they continue to send out courtesy RFE's for the medical or will they now issue an outright denial.


So what happens in the case of someone filing for AOS now that was out of status at the time of filing, they get denied due to incomplete Affidavit of Support documentation and in conjunction with the other recent policy change now get a Notice to Appear instead of what would have been an RFE in the past?

[wimon]

That's what you understood from that memo? Really>?

Yes. What different way can you interpret the new policy manual of 7/13 along with 6/28?

Please enlighten me and not a one liner insinuating people who want to have a meaningful policy discussion.

Granted you may have a political agenda to support the person in the Whitehouse but please let?s focus on the impact of the policy this administration puts forward.

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From the USCIS document text


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. Examples of filings that may be denied without sending an RFE or a NOID include, but are not limited to:

? Waiver applications submitted with little to no supporting evidence; or

? Cases where the regulations, the statute, or form instructions require the submission of an official document or other form or evidence establishing eligibility at the time of filing and there is no submission. For example, family-based or employment-based categories where an Affidavit of Support (Form I-864), if required, was not submitted with the Application to Register Permanent Residence or Adjust Status (Form I-485).


From that snippet you could assume that they could also now deny an AOS application for not satisfying the Affidavit of Support requirements such as incomplete supporting documentation or lack of primary and co-sponsor paperwork when using a co-sponsor which appears to be not that uncommon an occurrence as it seems the spouse often does not include one from themselves when using a co-sponsor.

I'm not sure what the official policy will be on something like not providing a completed medical with the initial application now? Will they continue to send out courtesy RFE's for the medical or will they now issue an outright denial.


So what happens in the case of someone filing for AOS now that was out of status at the time of filing, they get denied due to incomplete Affidavit of Support documentation and in conjunction with the other recent policy change now get a Notice to Appear instead of what would have been an RFE in the past?

You read it correctly. This new policy gives the USCIS agents the authority to deny your AOS exactly the reason you described.

Feel alarmed? You should. And so should your us citizen relative. It?s time to ask them to vote in the November midterms to put a curb on this unreasonable hostility towards legal immigrants by the administration.

[UScitizenFilingforspouse]

I suffer no fools. If he was stupid enough to help Trumps campaign - he is getting exactly what he deserves.

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Yes that is the net result of these new policies. Missing/lost i-864. You get denied. You get denied, you are automatically issued a NTA and put in deportation. No money for an attorney - you are almost guaranteed to be deported. It is not a stretch at all.

It says there the goal is to get rid of frivolous submissions. I could expand on that but it's all outlined on the memo.

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[QUOTE=wimon;573843]Yes. What different way can you interpret the new policy manual of 7/13 along with 6/28?

Please enlighten me and not a one liner insinuating people who want to have a meaningful policy discussion.

Granted you may have a political agenda to support the person in the Whitehouse but please let?s focus on the impact of the policy this administration puts forward.

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It says there the goal is to get rid of frivolous submissions. I could expand on that but it's all outlined on the memo. The fact that somehow you think I am a Trump supporter speaks for your ability to understand the written word.

*Frivolous submisstion - careless submissions.

People should be reading the directions. People just don't take the instructions seriously. So finally, they will now know to send all required evidence with their applications - as outlined by the instructions.

*NTAs are issued if you are removable. Why should it be any different?

They're trying to unclutter the system. Too many people are filing just to get a place holder and get a I-797 for benefits they may not even be eligible for.

[josger]

Can someone please confirm.

The memo reads

"Effective Date
This updated guidance is effective September 11, 2018 and applies to all applications, petitions, and
requests received after the effective date."

Does that mean that any application with a PD before September 11, 2018 will continue to receive RFE and NIODs even after that day?

[azblk]

It says there the goal is to get rid of frivolous submissions. I could expand on that but it's all outlined on the memo.

Frivolous submissions already have a lifetime ban. The "unintended" and I use quotes because they know exactly what they are doing. These policies are designed to increase the number of denials and eventually removal of people who would ordinarily qualify for AOS.

A hypothetical situation where USCIS loses your i-864. The officer rightly denies your application instead of issuing an RFE. The day you are denied, you are automatically put in removal because your i-94 is now expired and the other new policy now requires USCIS issue NTA for all denied applications when the applicant is removable.

Once you get are put in removal you can no longer reapply unless you do so in immigration court. With the current backlogs it could take years for your case to be heard. You can not get a work permit while you wait as you do not have a pending application anymore. You can not leave the US because if you do and do not appear in court it likely is an automatic deportation - plus 10 year ban.

Regardless of what you say or what the USCIS says, the goal of these policies is to make life tougher and harder for immigrants to AOS. They figure the tougher it is the will be fewer people trying to AOS. If you notice non of these policies affect CP - only AOS.

[kaylip]

[QUOTE=UScitizenFilingforspouse;573846]It says there the goal is to get rid of frivolous submissions. I could expand on that but it's all outlined on the memo.

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Yes. What different way can you interpret the new policy manual of 7/13 along with 6/28?

Please enlighten me and not a one liner insinuating people who want to have a meaningful policy discussion.

Granted you may have a political agenda to support the person in the Whitehouse but please let?s focus on the impact of the policy this administration puts forward.

- - - Updated - - -


It says there the goal is to get rid of frivolous submissions. I could expand on that but it's all outlined on the memo. The fact that somehow you think I am a Trump supporter speaks for your ability to understand the written word.

*Frivolous submisstion - careless submissions.

People should be reading the directions. People just don't take the instructions seriously. So finally, they will now know to send all required evidence with their applications - as outlined by the instructions.

*NTAs are issued if you are removable. Why should it be any different?

They're trying to unclutter the system. Too many people are filing just to get a place holder and get a I-797 for benefits they may not even be eligible for.

I agree and they always have backlogs, unable to keep track of certain cases. I think their overall goal is to decrease legal immigration by all means necessary. Today I read an article about USCIS now stripping card holders of legal status if they receive public benefits for them and children. They said too many people are abusing the system.

[b3b3g1]

Please read the notice

Please read the WHOLE notice, I don't know why but some people here are trying to spread fear around. The memo clearly explains all the steps and how it could be used in details. USCIS is at the end a company, dealing with an extream administrative workload, every administrative work needs constant improvement to lower the workload. It has nothing to do with a typical AOS filier. They trying to avoid misusage of the system. I am not sure if everyone is truly AOS filer here as some of them don't even have a timeline or any application info. They are sharing an opinion as if it is their job as if bringing fear to us will bring them more jobs. This memo is not even in use until September! Please have some mercy on people who get anxiety attacks with your single posts, and please try to find clients in somewhere else!

[cali2018]

Saying that "what XYZ supported Trump, good he deserves to be deported", is rather silly and exact attitude of the current administration and has got us to where we are now. Seems like everyone wants to make this a "partisian issue". Truly look at the #s, very likely he could get re-elected in 2020 and vast majority of people are annoyed about how much "abuse of the system has created". Also there is this.....So immigration is not exactly their main agenda or will it be?


Policies like this will for sure give immigration lawyers more work and higher fees. But forums like this should instruct people to be more careful with their overall applications, adding proper cover letters, folders, following up in due time, making sure to read and have the right forms, etc. As well maybe people will think twice about pushing to overstay on certain visas and then filing for AOS path versus looking at more prudent and easier paths to them at the time. Often the response from people is to "file AOS asap" and there is plenty experiences here of people who filed AOS as a placeholer and then various RFEs followed which slows down everyone's process.

[UScitizenFilingforspouse]

Please read the WHOLE notice, I don't know why but some people here are trying to spread fear around. The memo clearly explains all the steps and how it could be used in details. USCIS is at the end a company, dealing with an extream administrative workload, every administrative work needs constant improvement to lower the workload. It has nothing to do with a typical AOS filier. They trying to avoid misusage of the system. I am not sure if everyone is truly AOS filer here as some of them don't even have a timeline or any application info. They are sharing an opinion as if it is their job as if bringing fear to us will bring them more jobs. This memo is not even in use until September! Please have some mercy on people who get anxiety attacks with your single posts, and please try to find clients in somewhere else!

Well said. It's important to read the whole notice.

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Saying that "what XYZ supported Trump, good he deserves to be deported", is rather silly and exact attitude of the current administration and has got us to where we are now. Seems like everyone wants to make this a "partisian issue". Truly look at the #s, very likely he could get re-elected in 2020 and vast majority of people are annoyed about how much "abuse of the system has created". Also there is this... ...So immigration is not exactly their main agenda or will it be?


Policies like this will for sure give immigration lawyers more work and higher fees. But forums like this should instruct people to be more careful with their overall applications, adding proper cover letters, folders, following up in due time, making sure to read and have the right forms, etc. As well maybe people will think twice about pushing to overstay on certain visas and then filing for AOS path versus looking at more prudent and easier paths to them at the time. Often the response from people is to "file AOS asap" and there is plenty experiences here of people who filed AOS as a placeholer and then various RFEs followed which slows down everyone's process.

I couldn't agree more with everything you just said.