The Immigration and Customs Enforcement (ICE) officers are supposed to protect Americans from illegal immigration and cross-border crime that threatens national security and public safety. Unfortunately, even legal immigrants have been living in fear due to the possibility of accidental detainment when they are suspected of being in the country illegally. ICE regularly releases U.S. citizens after it executes a detainer, when agents discover they have wrongfully detained legally processed immigrants.
Deportation is possible.
Deportation is the formal removal of an alien from the United States for a violation of immigration law. Deportation is ordered by an immigration judge without any punishment being imposed or contemplated. A person can be deported if a United States Citizenship and Immigration Services (USCIS) agency processor has flagged an application that was submitted for immigrant benefits in the United States. This usually occurs due to missing information on an application. The agency will request the missing information, and if it is not delivered to them, or if the application has an error that causes the agency to question status, a person can be deported. The Department of Homeland Security, through USCIS, provides immigration benefits to people who are entitled to stay in the U.S. on a temporary or permanent basis.
These benefits include:
- granting of U.S. citizenship to those who are eligible to naturalize,
- authorizing individuals to reside in the U.S. on a permanent basis, and
- providing aliens with the eligibility to work in the United States
Immigration forms must be complete and timely.
Since September 2018, immigrants who believe they are compliant, may find out they can be deported. This happens when people file applications that require supporting documents with the USCIS to receive immigration benefits. When the USCIS offices believe that they need additional information to process a certain case, they will issue a Request for Evidence (RFE). This gives an applicant time to clear up missing information and wait for application approval. If there is no further information received, a Notice of Intent to Deny (NOID) the application. A NOID is sent after the adjudicator has reviewed the entire file and has determined there is not enough evidence to approve the petition, and the petitioner may not even be aware of this fact.
The USCIS regulations require that a petitioner be given the opportunity to know and respond to any derogatory evidence or missing information before being denied. The NOID should clearly state the reason(s) for the proposed denial and give the petitioner the opportunity to respond. In most cases where a NOID is issued, it follows the RFE and the response from the petitioner, but not always. The response to the NOID should provide evidence to rebut or address the information in the NOID, like an RFE response. The NOID response is usually due in 30 days, so the time given is shorter than most RFEs.
Increased immigrant removal.
The 2018 removal statistics reflect ICE’s increased commitment to identifying, arresting and removing aliens who are violating U.S. Law, specifically those who pose a public safety or national security threat. Numbers of deported individuals are rising marking arrests in San Antonio at 8,510 for the 2017 year, with 55,313 deportations. Legal immigrants need to be aware of their rights and the importance of proper USCIS documentation filing to stay in the United States.
Call an attorney.
Legal costs may keep immigrants in Texas from seeking counsel, but taking action and calling the Law Office of J. Joseph Cohen for a free case evaluation to assist with USCIS filing may keep deportation proceedings from occurring.
Law Office of J. Joseph Cohen
110 E. Houston Street
7th Floor Box 186
San Antonio, TX 78205
Call Today:(210) 580-4902
- Senator Pushes Bill for better Cooperation between Law Enforcement and Federal Immigration Authorities - October 17, 2020
- Temporary Protected Status - July 29, 2020
- A recent decision from the Fourth Circuit Court of Appeals - July 23, 2020