AS attorneys, we get frantic or panicked phone calls from our clients worried about their cases. It’s a natural response – nobody wants to be in a place of unknowing – and we try our best to walk people through the process. For the most part, the panic comes from information gathered from the wonderful world of the internet: someone read this article or watched that video, then later fears are confirmed upon speaking with a neighbor’s-husband’s-third-cousin who had the “same exact situation.” Oh boy.
Most attorneys cannot speak about cases they have not handled. Each case is unique – one tiny fact, one tiny detail could change the course of a case. And, in immigration cases where the threat of deportation is very real why would you gamble with your life? Or your family’s life?
New Policy for Rejecting Incomplete or Inaccurate Filings.
Did you know that a single error could mean a rejected application? And, more importantly, that a rejected application could lead to the issuance of a Notice to Appear (NTA)? In September 2018, changes in policy were put in place allowing immigration officers to reject visa applications immediately due to missing or inaccurate information. Previously, USCIS will issue “Requests for Evidence” (RFE) if there are missing information, allowing applicants to address gaps in their paperwork. “Notices of Intent to Deny” were also issued, as per prior guidance, which gave applicants a 30-day warning that their application would likely be rejected.
Applications affected by these policies and its recent changes in policy apply to: (i) applications and renewals of temporary (non-immigrant) visas, and (ii) permanent resident status (immigrant) visas. Securing such visas are required in order for non-U.S. citizen foreign nationals to legally live and work in the United States.
Can USCIS refer a file to deportation for the issuance of a Notice to Appear after the case has been denied?
Yes. The U.S. Citizenship and Immigration Services (USCIS) may also issue an NTA when it finds a noncitizen has not complied with regulations governing admission or maintaining lawful status after admission.
Consult with a licensed and experienced immigration attorney before filing anything.
First things first, do not file anything with USCIS or any other government entity without first seeking advice. Filing for applications “frivolously” can and will come back and haunt you. While certain applications are available online making it easy to access, individuals must nevertheless proceed with caution when filing for any application with USCIS. Just because it is easier now to file for an application does not mean that you should. We urge individuals to pause and take the time to consult with a licensed and experienced immigration attorney before submitting any application with USCIS.
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Atty. Lilli Baculi Collins is an associate attorney with Chua Tinsay & Vega, A Professional Legal Corporation (CTV) – a full service law firm with offices in San Francisco, San Diego, Sacramento and Philippines. The information presented in this article is for general information only and is not, nor intended to be, formal legal advice nor the formation of an attorney-client relationship. Call or e-mail CTV for an in-person or phone consultation to discuss your particular situation and/or how their services may be retained at (619) 955-6277; (415) 495-8088; (916) 449-3923; [email protected]; www.chuatinsayvega.com.
