Due to a new policy established by the United States Citizenship and Immigration Services in June, it can be a very risky decision for non-citizens to apply for citizenship in the US. People who apply for immigration benefits and are denied will be issued a Notice to Appear which officially starts the deportation process.
Who is Affected?
Immigrants who are not lawfully in the United States, or those who are here lawfully but are considered removable, will be put into removal proceedings if their applications for immigration benefits are denied. This is a drastic change as Notices to Appear were previously only issued when required by statute.
This new policy could prove very harmful to a wide range of individuals. Individuals who are in the US and plan to apply for humanitarian relief under items such as the Violence Against Women Act or Special Immigrant Juvenile Status visas are at risk of removal. Additionally, people who apply for an extension of nonimmigrant status, adjustment of status, or a change of nonimmigrant status could be issued a Notice to Appear even if they are in the country lawfully.
Who is Not Affected?
As this new policy has significant implications for most immigrants, there are only a select few who are not at immediate risk of removal. Individuals whose applications for Deferred Actions for Childhood Arrivals are denied would only be issued a Notice to Appear in cases of fraud or other criminal convictions.
Minimize Your Risk
As the risk of applying for immigration benefits in the United States is much more severe due to this policy change, it is extremely important that you are able to accurately assess your chances of being approved or denied for your immigration benefits. As a result, you should consult an experienced immigration attorney to reduce your risk of being put into removal proceedings. The Law Offices of Alexander Borell is proud to offer anybody with immigration issues a free initial consultation with one of our very experienced immigration attorneys.