28 Jul Reopening a deportation in absentia
On July 25, 2022, the U.S. Citizenship and Immigration Services is extending certain COVID-19-related flexibilities through Oct. 23, 2022, to assist applicants, petitioners, and requestors. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and Oct. 23, 2022, inclusive:
• Requests for Evidence;
• Continuations to Request Evidence (N-14);
• Notices of Intent to Deny;
• Notices of Intent to Revoke;
• Notices of Intent to Rescind;
• Notices of Intent to Terminate regional centers;
• Notices of Intent to Withdraw Temporary Protected Status; and
• Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.
In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:
• The form was filed up to 90 calendar days from the issuance of a decision we made; and
• We made that decision between Nov. 1, 2021, and Oct. 23, 2022, inclusive.
In an effort to take the lessons learned from our pandemic posture, USCIS has been evaluating which flexibilities can and should be extended permanently. As a result of this evaluation, the reproduced signature flexibility announced in March, 2020, will become permanent policy on July 25, 2022.
Petition for Caregivers
The priority date for “Other workers” for Final Action date is May 8, 2019, which is about 3 years waiting for the visa. The priority date for Date of Filing of Adjustment of Status for those in the U.S. is now current. This means that when the petition is approved an adjustment of status can be filed. This process is good for those who need caregivers.
Arrest and removal of undocumented is now up to the discretion of ICE officer
US Supreme Court did not allow Pres. Biden to overturn the immigration policy of Trump with regards to priority in arrest and removal. Under Biden the priorities are those that involve risk to national security. It is now a decision to be made by the ICE officer which could include arrest of anyone who is undocumented. It is time to work on your green card now.
N-400 Application for Naturalization
The USCIS is now giving priorities to application for naturalization . The reason is obviously to allow qualified immigrants to vote in the coming midterm and presidential election. There are cases when the waiting time is only six months compared to prior years. Pres. Biden is encouraging all qualified to file for naturalization. This is a rare opportunity that all qualified should take advantage of.
Motion to Reopen In absentia order of deportation
If you are deported in absentia, you can reopen the case so that you can apply for immigration relief. Deportation in absentia is very common during the period before April 1, 1997. Because so many people were deported in absentia the law was changed to give more protection to immigrants. If the reason you were deported in absentia is because you did not receive the Order to Show Cause and Notice of Hearing, you can file the motion anytime that you find out that you were deported in absentia. This motion is filed within time. An in absentia order of removal may be rescinded upon motion “at any time if the alien demonstrates that the alien did not receive notice in accordance with INA §242B(c)(3)(B) (pre-IIRAIRA). Also, the filing of this motion has the effect of staying the removal of the noncitizen pending disposition of the motion.
There is no filing fee for submitting a motion to reopen based on failure to receive proper notice. Respondent is not subject of any pending criminal proceeding under the Act.
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For the month of June 2022, we received approvals from USCIS six naturalization applications, two Fiancée visa petition, five removals of condition on residence and four adjustment of status applications.
Note: This is not a legal advice and presented for information only.
Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He practices immigration law, bankruptcy, personal injury and income tax problems since June 1999. His contact phone is 1-877-456-9266, email: info@CCLlaw.net Website: www.crispinlozanolaw.com/