A quiet change in US policy threatens immigrants who apply for a change in status - Page 3

This is scary. My DACA renewal was rejected earlier this year for a mistake on my bank. It sounds like I could have been put under removal proceedings under this policy.

didnt they just ask you to resend again?

It makes sense that if denied deport, but in some of these cases they should be able to file an appeal, maybe two, even three.

Y'all got any more of them news?

The scary part is for individuals who do not have another legal standing to stay in the country as it looks they will be placed in deportation proceedings. The good news looks like DACA is exempted per below from a lawyers blog.

Basically, what this means is that if an individual applies for a benefit such as adjustment of status (green card), change of status from one non-immigrant visa to another, a U/T visa, and the application is denied, the individual will be placed in removal proceeding if they are deemed to be out of status or have no other authorization to remain in the United States.



Deferred Action for Childhood Arrivals (DACA) recipients and requestors are exempted from this updated guidance under a separate memo issued concurrently, which means USCIS will continue to not refer DACA beneficiaries for removal proceedings and will not share their information with Immigration and Customs Enforcement (ICE). USCIS is supposed to follow the 2011 memo when deciding to issue NTAs to DACA beneficiaries.

http://lallegal.com/2018/07/uscis-is...l-proceedings/

Is this retroactive?

Good find..

Good for y'all, but fuck. I'm working on my i601a waiver, and as far as I know you could appeal if it was denied and could start the process again. Guess now I only have one shot

I am genuinely surprise USCIS is respecting the 2012 DACA memo.

Not sure how it's going to play out in the real-world, but the wording on the new guidelines is, in regarding to criminal cases...

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Egregious Public Safety (EPS) Cases - Rape, murder, violent, crimes of moral turpitude, etc. Crimes that make individuals deportable anyway under the current, and old, INA code.

USCIS will issue an NTA against removable aliens in all cases meeting the EPS definition, regardless of the existence of a conviction, if the application or petition is denied and the alien is removable.

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Non-EPS Cases - All other crimes not listed from EPS

USCIS will issue NTAs in all Non-EPS criminal cases if the application or petition is denied and the alien is removable.

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So, unless your conviction/charges are the typical crimes of moral turpitude, or crimes that go against the basis of your status adjustment, your case must be denied in order for the new NTA guidelines to go in effect.

Meaning..if you are denied, they may have looked the other way in the past, but this guidelines tell the USCIS not to look the other way.