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New USCIS Guidelines Could Result in Increased Deportations

Notice to Appear

New guidelines announced by the U.S. Citizenship and Immigration Services (USCIS) will present even greater obstacles for immigrants who are going through the legal process to remain in the United States. These rules are scheduled to go into effect on November 19, 2018, and will allow USCIS greater latitude in issuing Notices to Appear (NTAs) to individuals in cases where their visa applications have been denied. This can result in faster deportations of these individuals and less time for immigrants to look into other options for staying in the U.S. legally.

USCIS Crackdown Already Underway

The new guidance on NTAs follows directly on the heels of another policy shift that took effect on October 1, 2018, and allowed USCIS to issue NTAs for a wider range of status issues, including the following new categories:

  • Cases in which evidence of fraud or misrepresentation is present
  • Denials of citizenship applications because of criminal offenses
  • Cases involving serious criminal activity
  • Convictions on criminal offenses
  • Situations in which an individual is illegally in the U.S. immediately after the denial of their application for a visa

These adjustments to USCIS policies have already put many more immigrants at risk of deportation. With the new guidelines set to take effect on November 19, immigrants going through the legal process could receive NTAs and could be subject to deportation almost immediately after the denial of their visa request or citizenship application.

Increased Risks of Deportation for Vulnerable Individuals

One effect of the new guidelines is the potential for immediate deportation of individuals who are denied for visa applications under the following categories:

  • I-360 visa petitions for Amerasian, Widow(er) or Special Immigrant applicants
  • I-485 applications for green cards
  • I-730 visa applications for the spouses and unmarried minor children of refugees
  • I-914 and I-914A visas for trafficking victims
  • I-918 and I-918A visa applications for victims of certain criminal actions
  • I-929 petitions for non-immigrant residency under the Violence Against Women Act or Special Immigrant Juvenile Status

For these individuals, retaining the services of a Miami immigration lawyer is critical to ensure that they can act quickly to protect their rights if their visa applications are denied. A qualified Miami deportation lawyer can provide effective representation for immigrants who might otherwise be without legal options if their initial application for a visa is rejected.

At Pozo Goldstein, our Miami deportation lawyers can provide you with the fastest and most positive resolution possible for your immigration issues. Call us today at 305-856-0400 to schedule a free consultation with us. We look forward to the opportunity to serve you.