At Risk of Deportation While Your Application Is Processing? Here Is What You Need to Know!
USCIS issued a Policy memo earlier in August alongside changes it made to the policy manual.
It has always been true that an approved or pending I-130, Petition for Alien Relative, does not grant immigration status. The changes are not in the actual policy but in how it is applied, in the past, I-130 applications were not used to find removable aliens, but now they are. This change will have the greatest effect on people filing their applications from inside the US. These changes will have the same effect on people who don’t have status and are applying for residency through a spouse.
A U-Visa is available for aliens who are victims or witnesses to certain crimes, who are willing to help with their investigation. Long application processing times alongside the administration's escalation of removal proceedings mean even those impacted by crime may be detained and subject to removal. For those who are victims of domestic violence (VAWA), withholding of removal is still available even if you are no longer with your abuser. This is available under these conditions:
- You have been battered by your U.S. citizen or legal permanent spouse or parent
- You have been physically present in the U.S. for at least 3 years
- You are a person of good moral character
- You have not violated certain other sections of the immigration laws
- Removing you would result in extreme hardship to you, your children, or your parent
There is a lot of information and documentation that will be needed to prove your eligibility, so it's best to consult an attorney to help guide you through the process.
Those who are at the greatest risk of deportation are people who have been given final removal orders. Earlier this year, a man pursuing a green card was detained by ICE even though the first step of his application was approved. There have also been reports of detention after immigration hearings, even while a case is ongoing. The bottom line is, anyone who is out of status is at risk of detention.
Although this has always been true, there has been a recent increase in its enforcement. If you are unsure if you have a final removal order, you can go to the Department of Justice’s EOIR Case Automated Case Information website and enter your A-number to check if you have one and when it was issued. If you have a final order, it is best to talk with an attorney to get a better understanding of your rights and options.
