Published: September 1, 2021
U.S. Citizens and Green Card holders can file family-based visa petitions on behalf of certain immediate family members. The petitioning citizen or green card holder, however, must account for all the various requirements implemented by USCIS when filing. This concern becomes apparent under the recent discretionary decision-making policy changes enabled by USCIS.
On July 13, 2018, USCIS had released a memorandum that allowed USCIS officials to issue “statutory denials”. This means that the agency has the discretion to deny visa applications, including family-based applications, without sending either a Request for Evidence or a Notice of Intent to Deny to the applicant in certain situations. In summary, this memorandum applies: a) when evidence initially submitted fails to establish eligibility b) when there is no legal basis for the benefit sought or c) when the relevant program has been terminated.
Similarly, last June 28, 2018, USCIS issued a separate memorandum guideline which provided them a referral mechanism to government agencies upon their denial of a visa application. The guideline states that upon denying an application, USCIS may, in their discretion, file a Notice to Appear and trigger removal proceedings against an applicant or, in the alternative, refer a case to the Immigration and Customs Enforcement before even deciding on an application.
Policies regarding family-based immigration change constantly and inadvertent non-compliance might have potentially detrimental consequences against a family-based visa application. So, before filing that I-130, ensure that you comply with all necessary requirements before filing.
For more information or assistance with your immigrant and nonimmigrant applications, contact ALG Lawyers at (213) 384-3300 or visit our website at www.ALGLAWYERS.com. We’ll be happy to schedule you for a consultation with our expert immigration attorneys in Los Angeles and answer any questions you may have about your immigration options.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)