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Arrests by ICE After Court Hearings: Understanding Your Rights

Arrests by ICE After Court Hearings: Understanding Your Rights
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We’ve been hearing alarming reports from immigration courthouses across the U.S. Individuals are being arrested by immigration officers, even after an Immigration Judge has dismissed their cases. Many, especially those who diligently follow the law and exercise their constitutional rights to a hearing, are understandably confused as to why they’re being arrested after their cases were dismissed. Let’s shed some light on this confusing and concerning issue.

What’s Happening and Why

When an Immigration Judge dismisses your case, it usually means your case is no longer active in court. This might seem like a positive outcome. However, it’s crucial to understand: a dismissal from immigration court does not automatically mean you have legal status in the U.S. It simply signifies that the court has closed your particular removal (deportation) proceeding. The underlying issue of your immigration status may still remain unresolved.

These arrests are a result of a recent strategy by U.S. Immigration and Customs Enforcement (ICE). In many instances, government attorneys are actually asking the judge to dismiss cases, particularly for individuals who may have entered the U.S. more recently or who don’t have a clear path to legal status in immigration court.

Their objective isn’t necessarily to let you off the hook. Instead, it’s often to move your case from the formal immigration court system — where you have certain due process rights and a chance to present your case — into a faster deportation process called “Expedited Removal.”

Understanding Expedited Removal

Expedited Removal is a fast-track method for deporting certain individuals who lack legal status. It bypasses the full process before an Immigration Judge. If you are placed in Expedited Removal, you could be detained and deported within days, often with limited access to legal counsel or family support. The only significant exception is if you can quickly and successfully establish a “credible fear” of persecution if you return to your home country.

So, even if your case is dismissed in court, it doesn’t mean ICE has no interest in you. Instead, they are strategically using the dismissal as a stepping stone to a quicker deportation track. This is especially true for those who entered the U.S. within the last two years, but anyone without lawful status could potentially be targeted.

Due Process Rights and the Reality

Many might be thinking, “But don’t we have Due Process rights?” And you are absolutely right! The U.S. Constitution’s Fifth Amendment states that no person shall be deprived of life, liberty, or property without “due process of law.” This applies to all persons in the U.S., not just citizens, including non-citizens. This means you have a right to fair treatment under the law, including the opportunity to be heard and defend yourself in court.

However, these recent tactics by ICE, where they arrest people immediately after a dismissal to place them into Expedited Removal, are being challenged by many legal experts. They argue that this bypasses the very due process protections that the immigration court system is supposed to provide. It also creates a chilling effect, deterring people from even showing up for their court hearings, which would then lead to an automatic deportation order.

What to Do

Given this challenging situation, what’s the best course of action for those who are exercising their due process rights and have upcoming immigration court hearings?

  • ALWAYS Consult with an Immigration Attorney BEFORE Your Hearing: This is very important. Even if you’re told your case will be dismissed, it is critical to understand the full implications. Your lawyer can assess your specific situation, explain the risks, and advise you on the best course of action. They can also try to negotiate with the government attorney or even argue against a dismissal if it leads to a worse outcome for you.
  • Do NOT Agree to a Dismissal Without Understanding the Risks: Don’t agree to a dismissal of your case if you don’t fully understand its potential consequences. Your lawyer can help you decide if accepting a dismissal is truly in your best interest or if there are other forms of relief you should pursue in court.
  • Be Prepared : Talk to your lawyer about what to do if you are detained. Have an emergency plan in place. Make sure someone you trust knows your “A-number” (Alien Registration Number), your lawyer’s contact information, and where your important documents are. While having a lawyer doesn’t prevent arrest, they can advocate for you if you are detained.
  • Know Your Basic Rights if Arrested:
    • You have the right to remain silent.
    • You have the right to speak with an attorney.
    • You have the right to contact your consulate.
    • Do not sign anything you don’t understand without speaking to a lawyer.

The current situation is challenging and frightening. But knowing your rights and being prepared are your strongest defenses.

(Atty. Lourdes Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C., law firm established since 1992.  She is also a producer/host of Pusong Pinoy sa Amerika, an immigration law informational show aired on GMA Pinoy TV. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or text/call 1-415-397-0808)

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U.S. Citizens at Risk: An Examination of Trump’s Expanded Denaturalization Priorities

U.S. Citizens at Risk: An Examination of Trump’s Expanded Denaturalization Priorities
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In an effort to advance Trump’s policy objectives on immigration, the Department of Justice issued a memorandum/directive to all government attorneys of the civil division of the department to prioritize certain cases for investigation and appropriate action.

The Department of Justice’s June 11, 2025 memorandum (DOJ Memo) outlined five enforcement priorities, with the most controversial being the last: Denaturalization. The Department of Homeland Security is not the only agency tasked with enforcing immigration law against individuals in the United States who are present in unlawful status; the Department of Justice is now also poised to strip certain U.S. citizens of their citizenship status.

Civil or Criminal Denaturalization

Citizenship through naturalization if obtained illegally may be revoked by the government through the process of denaturalization either through a criminal or civil proceedings. The legal grounds for civil denaturalization may be found in INA Section 340(a) where it states that naturalization may be revoked for having illegally procured citizenship or by concealment of a material fact or by willful misrepresentation.

Criminal revocation of citizenship is found in 18 USC § 1425 for naturalization fraud. Citizenship is revoked after conviction for procuring or attempting to procure the naturalization of anyone contrary to law.

The DOJ Memo refers to prioritizing civil denaturalization and has expanded the criteria for those who are subject to denaturalization. In addition, the government had wide discretion based on the DOJ Memo to decide on who to denaturalize.

Concealment of a Material Fact (Example Cases)

To become a naturalized citizen, an applicant generally needs to have been a lawful permanent resident for at least three or five years before applying. However, if an individual obtained permanent residency through fraudulent misrepresentation and later naturalized, this could be grounds for denaturalization. In simpler terms, if someone lied to get their green card and then used that fraudulent green card to become a citizen, their citizenship could be revoked through denaturalization.

An example to illustrate is the case of “John.”  In 1991, John was petitioned by his green card holder parent as a single adult son and was granted an immigrant visa.  Unknown to his petitioner, John was already married to his long time girlfriend in 1990.  He concealed this material fact to the U.S. consular officer during his interview and at the time of entry.  After five years he applied and was granted U.S. citizenship. He did not reveal about his prior marriage but instead re-married his spouse after getting his citizenship. If through government investigation, the prior marriage of John is discovered, he will be subjected to naturalization under INA Section 340.

Sometimes concealment of certain matters may not be material in naturalization proceedings but may have adverse effects as well.  For example, being arrested for a misdemeanor which typically will not affect the grant of lawful permanent resident status but an immigration examiner may rule this as not having met the good moral character eligibility criteria. Under the DOJ Memo, if the naturalized citizen is investigated by the DOJ attorney and using the latter’s wide discretion, a denaturalization proceeding may be initiated.

Expanded Criteria for Denaturalization

There are 10 categories of priorities for denaturalization enumerated in the DOJ Memo. We will examine a few of them:

Potentially Dangerous. The DOJ memo mentions cases against individuals who pose a “potential” danger to national security as possible subject to denaturalization.  There is no definition of who is the potential danger to national security.  This may be the case of a naturalized U.S. citizen who may have expressed a political opinion not intended to be a danger to national security but interpreted by the DOJ attorney as “potentially” dangerous to national security, thus, possibly a denaturalization may be initiated in this case.

Fraud Against Private Individuals or Entities.  These are cases against individuals who committed fraud against private individuals, funds or corporations. What type of fraud does this cover? What is the extent of the fraud against a private individual or entity that may be subject of a denaturalization.  Usually denaturalization focuses on fraud committed on the naturalization application or in obtaining lawful permanent resident.   However, this represents an unchartered territory where fraud against an individual or a non immigration related fraud could be a subject of a denaturalization investigation.

Financial Fraud. Cases against individuals who engaged in various forms of financial fraud against the United States (including Paycheck Protection Program (“PPP”) loan fraud, and Medicaid/Medicare fraud may be subjected to denaturalization investigation.. Naturalized U.S. citizens who fraudulently applied for the PPP during the pandemic may fall under this category.  Medicaid or medicare fraud is a criminal offense and is now specifically mentioned as triggering a denaturalization proceedings.

Pending Criminal Charges. Cases referred by the U.S. Attorney’s Office or in connection with “pending” criminal charges, if those charges do not fit within one of the other priorities is another new criterion on denaturalization.  Under this category, even if there is no criminal conviction and it so happens that the naturalized U.S. citizen has a  “pending’ criminal charge a denaturalization case may be initiated.  But what type of pending criminal charge falls under this category is also not clear.

Catch All Provision.  Perhaps the most unsettling criterion for denaturalization is what many refer to as the “catch-all” provision. This broad language, as outlined in the DOJ Memo, states that the Civil Division can pursue “any other cases… that the Division determines to be ‘sufficiently important to pursue.'” The lack of clear parameters for what constitutes “sufficiently important” grants the government significant discretion. Essentially, this provision could allow the government to initiate denaturalization proceedings against any U.S. citizen it deems “important” enough to target. Such vague criteria raise concerns about potential interpretations that could shift with different administrations’ policies.

Denaturalization Process

Once an immigrant is identified for investigation by the government  for purposes of denaturalization, the case will be filed with the federal district court having jurisdiction over the residence of the immigrant being stripped of citizenship.  When the case is filed with the court the naturalized U.S. citizen may present evidence to avoid denaturalization. Note that this is a judicial process and only a federal judge may strip one of U.S. citizenship.  If a citizen is denaturalized, the individual will revert back to his/her prior immigration status and most likely be put in removal proceedings. Whether or not he will be deported depends on available relief or waivers.

What to Do

Given that denaturalization is now a priority for action as directed by the Department of Justice, it is crucial for naturalized citizens to understand their potential vulnerability. If you believe you might fall into any of the categories outlined in recent DOJ Memo, we strongly advise the following:

First, revisit and re-examine your past naturalization application and all supporting documentation. Look for any discrepancies, omissions, or misrepresentations, however unintentional, that could be misconstrued under heightened scrutiny.

Second, seek immediate and competent legal counsel. This is a default and necessary step to protect your rights. An experienced immigration attorney can assess your specific case, come up with a risk assessment and advise you on your next best course of action.

Finally, should denaturalization proceedings be initiated, prepare and raise defenses in federal court. In the unfortunate event that denaturalization is ordered, explore all applicable waivers or applicable immigration relief to avoid potential removal from the United States. Taking proactive steps now is essential to protecting your citizenship.

If you believe that you fall into any of the categories of those who might be affected by this denaturalization effort of USCIS, it will be best to revisit and re-examine your naturalization application, have your case assessed by competent legal counsel. And, if there is a possibility of denaturalization, prepare to defend yourself in the federal court and, in the worst case scenario, explore applicable waivers or defenses to avoid removal.

(Atty. Lourdes Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C., law firm established since 1992.  She is also a producer/host of Pusong Pinoy sa Amerika, an immigration law informational show aired on GMA Pinoy TV. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or text/call 1-415-397-0808)

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Updates

New Registration Rule Now in Effect: Should You Register with the DHS?

New Registration Rule Now in Effect - Should You Register with the DHS
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A new federal rule requiring some non-U.S. citizens to register with the Department of Homeland Security (DHS) is now in effect as of April 11, 2025. This change may impact individuals who are in the United States without traditional immigration documentation—or who entered without a visa—and could carry serious consequences for those who don’t comply.

New Registration Rule Now in Effect - Should You Register with the DHS

If you or someone you know is unsure about whether this rule applies to them, keep reading to understand who needs to register, what it involves, and the potential risks for both action and inaction.

Who Must Register Under the New Rule?

Registration is a process of notifying the government of your presence in the U.S. as a noncitizen. The requirement to “register” is in our immigration laws but has been rarely used. President Trump announced they will use this requirement for all noncitizens. The law requires all noncitizens over age 14 who remain in the U.S. for 30 days or more to register. (The law instructs parents to register those that are under age 14.) The law requires people to register before the 30-day period ends. The government posted a new form on the USCIS website for those that are not yet registered to use, Form G-325R.

The majority of immigrants and visa holders do NOT need to take additional steps under this new rule, as they are already considered “registered.” The following documents count as registration:

  • A green card. If you are a permanent resident, you are registered
  • A work permit, even if it is now expired. If you have an employment authorization card, for any reason, you are registered.
  • An I-94. If you got an I-94 document, or received an I-94 electronically, when you entered the United States, you are registered. This includes entries with parole or a visa. If you got an I-94 when you got status, such as asylee, or U nonimmigrant, you are registered.
  • An NTA. If you were issued a Notice to Appear in immigration court, you are registered. If you were issued an Order to Show cause (OSC) or a referral to the immigration judge, you are registered.
  • A Border Crossing Card.
  • A Landing Permit as a crewman.
  • If you have applied for lawful permanent residence or temporary residence you are registered, even if that application was denied. (Forms I-485, I-687, I-691, I-698, I-700)

If you are already registered, you do not need to register now. Those who entered with visas are considered registered as they are provided with I-94s upon arrival or biometrics have already been taken at the time of the application for the non-immigrant or immigrant visa.

However, three key groups of individuals are covered by the new rule and must now register with DHS if they are in the U.S. for 30 days or more and are not otherwise registered:

  1. Canadian citizens who entered the U.S. by land for business or tourism, did not receive an I-94, and stayed 30 days or more.
  2. Foreign nationals who turn 14 years old while in the United States.
  3. Foreign nationals who entered the U.S. without inspection (for example, by crossing the border without being processed by immigration officials), and who remain in the U.S. for 30 days or more.

What Does Registration Involve?

If you’re required to register, here’s what you’ll need to do:

  • Create a personal myUSCIS account
  • Submit Form G-325R online, which collects biographic and immigration-related information
  • Appear for fingerprinting and photos (biometrics), if you are age 14 or older and not a Canadian visitor
  • Receive and carry a “Proof of Alien Registration” document at all times

For children under 14, a parent or guardian must complete the registration, but fingerprints are not required until the child turns 14.

Is There a Deadline to Register?

Yes—and it’s very important.

If you were already in the United States for 30 days or more on April 11, 2025, you were expected to register immediately. There is no 30-day grace period after that date.

For individuals who newly meet the 30-day requirement after April 11 (for example, new arrivals or children who recently turned 14), registration must be completed as soon as the 30-day mark is reached.

What Happens if I Don’t Register?

If you do apply for an immigration benefit with USCIS and have not registered, DHS could use a failure to register as a negative factor in deciding your case.

Failing to register or carry proof of registration can result in misdemeanor charges, including:

  • Fines of up to $5,000
  • Jail time (up to six months for failure to register, 30 days for failure to carry proof)
  • Potential removal (deportation) if you are in violation of immigration laws

Also, if you move, you are required to report your new address to DHS within 10 days. Failing to do so may lead to detention or removal proceedings unless the delay was not willful or was reasonably excusable.

Important Note: Registration Can Carry Risks

The registration form asks for your address, information about you, your family, and immigration status, among other things. If you have no immigration status, immigration enforcement will know you are in the U.S. and the government says they will take steps to deport you. You may be detained.

For some people, registering with DHS may involve disclosing sensitive information—such as a criminal record or the fact that they entered the U.S. without inspection. These individuals may become visible to immigration enforcement through the registration process.

Before registering, those who are undocumented, have pending immigration cases, or have any criminal history should speak with an experienced and trusted immigration attorney. Legal advice can help you understand the risks and determine the best course of action.

What Should You Do Now?

If you think this new rule may apply to you or a family member:

➤ Determine if you are required to register
➤ Create a myUSCIS account and complete Form G-325R if needed
➤ Consult with an immigration attorney, especially if you have legal or immigration concerns
➤ Keep a copy of your registration proof with you at all times

For many, this rule will not affect them directly—but for others, it is critical to determine consequences of registering and not registering and their effect on their specific case. If you have questions or concerns about your situation, we’re here to help. Tancinco Law offers confidential consultations to guide you through the new DHS registration process and help you stay informed and protected.

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If you would like to know how to set an appointment with Tancinco Law, click here.

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Featured

Are you a Green Card holder and at risk of being detained at a U.S. airport?

Green Card Holder At Risk Detained US Airport
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Nowadays, a non-U.S. citizen returning from travel outside the United States is not necessarily guaranteed a smooth entry, even with a validly issued visa or lawful permanent resident (LPR) status. Many immigrants—including not just undocumented individuals but also green card holders—are increasingly fearful of their status. This atmosphere of fear has been fueled by the current administration’s heightened enforcement of immigration laws, along with stricter scrutiny of individuals’ past immigration and criminal histories upon entry into the U.S.

With recent news reports of numerous LPRs being detained at airports, this article aims to provide guidance on whether you might be at risk of possible detention or arrest upon arrival.

Why Are Lawful Permanent Residents Being Detained at Ports of Entry/Airports After Traveling Abroad?

A non-U.S. citizen is granted lawful permanent resident status by the U.S. Citizenship and Immigration Services (USCIS) to allow them to permanently reside and work in the United States. Green cards may be issued through family-based or employment-based petitions, as well as humanitarian visas.

However, holding a green card does not mean that your status is truly “permanent” or that you are automatically guaranteed re-entry into the U.S. Like temporary visas, lawful permanent resident status is a privilege granted by the U.S. government—not an absolute right. If you fail to meet the residency requirements or engage in conduct that violates immigration laws, your green card may be revoked.

Traveling and Returning to the United States

General Rule

As a green card holder, you generally should not fear returning to the U.S. after traveling abroad. However, if you have a case or past actions that fall under grounds for revocation of your green card, you could face detention and secondary inspection by Customs and Border Protection (CBP) officers at the port of entry.

Returning Resident vs. Arriving Alien

In immigration law, understanding certain key terms is essential. When entering the U.S. with a valid visa—whether a green card or a temporary visa—you are expected to be admitted after inspection of your travel documents. If no legal grounds exist to deny your entry, CBP must allow you in. However, if there are deficiencies in your visa or circumstances rendering you inadmissible, you may be classified as an “arriving alien” rather than a “returning resident.”

Generally, green card holders are not considered arriving aliens. However, there are exceptions where an LPR may be classified as an arriving alien, which could put them at risk of inadmissibility and denial of entry.

For example, an LPR may be deemed an arriving alien if CBP suspects that they abandoned their resident status or if they fall under a category subject to removal from the United States. If this occurs, the CBP officer may place the individual in secondary inspection, detain them at the airport, or refer them to Immigration and Customs Enforcement (ICE), depending on the nature of their case.

Categories of Green Card Holders Who May Be Detained or Considered Arriving Aliens

Even before the current administration’s restrictive enforcement of immigration laws, legal provisions already existed for classifying certain green card holders as arriving aliens under Immigration and Nationality Act (INA) Section 101(a)(13)(C). A green card holder may be deemed an arriving alien if they:

  • Have abandoned or relinquished their resident status
  • Have been absent from the U.S. for a continuous period exceeding 180 days
  • Have engaged in illegal activity after departing the U.S.
  • Departed the U.S. while under legal proceedings for removal
  • Have committed an offense that falls under INA Section 1182(a)(2) unless granted relief under INA 1182(h) or 1229b(a)

Criminal grounds of inadmissibility referred to in number 5 category refer to:

  1. Crime involving moral turpitude;
  2. Multiple criminal convictions;
  3. Controlled substance traffickers;
  4. Prostitution and commercialized vice;
  5. Human Trafficker;
  6. Money Laundering

To complicate matters for arriving aliens, there are certain crimes that require the law enforcers to detain non-U.S. citizens because of the Laken Riley Act which was enacted immediately after President Trump took office. Added to the crimes defined under existing law above, the following crimes may render the returning resident into stricter scrutiny:

  1. Burglary;
  2. Theft;
  3. Larceny;
  4. Shoplifting;
  5. Assault of law enforcement officer;
  6. Crime resulting in death or serious bodily injury to another person.

If an LPR falls into any of these categories—including those with prior criminal convictions—CBP may classify them as an arriving alien and detain them at the port of entry. However, similar to other immigrants detained after enforcement actions, LPRs detained at ports of entry still have rights they can exercise.

Before Traveling Abroad or Returning to the United States

The mere passage of time since receiving your green card or the fact that you have previously traveled in and out of the U.S. without incident does not guarantee future entry. Given the stricter enforcement environment, it is crucial to exercise due diligence before traveling.

What You Should Do:

  1. Consult an immigration attorney before traveling if:
    • You have a prior arrest or criminal record (convictions or pending charges)
    • You have a pending case with immigration court or USCIS
    • There is anything in your immigration history that was not disclosed during your green card application and could raise questions upon re-entry
  2. Be mindful of extended absences from the U.S.
    • Staying outside the U.S. for more than six months may have serious consequences. While this alone may not revoke your green card, CBP may view it as evidence of abandonment.
    • If pressured to sign an abandonment of residence form at the airport, know that you are not required to sign it against your will.
  3. Know your rights as a lawful permanent resident.
    • Understanding the legal framework surrounding LPR status will help you navigate interactions with CBP officials and avoid unnecessary complications upon return.

Final Thoughts

Not all green card holders are at risk of being detained at the airport upon re-entry. However, those classified as “arriving aliens” may face heightened scrutiny and potential enforcement actions by CBP. If you are an LPR, remember: “Use it, or lose it.”

(Author Atty. Lourdes Santos “Atty. Lou” Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C., law firm established since 1992.  She is also a producer/host of Pusong Pinoy sa Amerika, an immigration law informational show aired on GMA Pinoy TV. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)

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Updates

The Changing Landscape of U.S. Immigration

The Changing Landscape of U.S. Immigration
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Quarterly Updates from Atty Lou Tancinco
Atty Lou Tancinco shares her latest updates via our quarterly newsletter.

Dear TLAW Subscribers:

The landscape of immigration law is constantly evolving, and recent policy shifts have brought significant changes and heightened uncertainty. To help you stay informed, our latest quarterly newsletter offers timely insights into key immigration issues.

In this edition, we focus on empowering individuals with knowledge about their rights, particularly in the event of an encounter with Immigration and Customs Enforcement (ICE). We address crucial questions such as: What are your rights if a friend or family member is detained? What recourse is available if there is no final order of removal?

We also delve into other critical topics, including:

We encourage you to take a moment to review these informative articles and updates. Staying informed is crucial for navigating the complexities of immigration law.

We remain committed to advocating for just, fair, and humane immigration reform. In the meantime, we urge you to be vigilant in asserting your rights. Our firm is here to provide guidance and support. If you have any questions or require legal assistance, please do not hesitate to contact us.

Sincerely,
Atty. Lou

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Updates

Update on the Parole in Place: Keeping Families Together

Update on the Parole in Place: Keeping Families Together
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With the suspension of the Parole in Place Program, USCIS has issued announcements regarding appointments and refunds.

The Keeping Families Together program known as the PIP or Parole in Place was a program established by President Biden in August 2024 aimed at allowing certain spouses and children of US citizens to apply for lawful permanent residence without leaving the country.

Legal Challenges

A few days after  it was launched on August 19, 2024, 16 States filed a lawsuit on August 27, 2024 arguing that the President overstepped its authority and asked that its implementation be suspended. 

On November 7, 2024, the U.S. District Court for the Eastern District of Texas stopped the program entirely, ruling that the federal government lacked the authority to enact this program. 

USCIS released an announcement on November 13, 2024 as a result of the court order stating that (1) they are not accepting any I-131F or request for parole under the Keeping Families Together; (2) all biometric scheduled appointments are cancelled. 

Refunds of Filing Fees

As of this writing, the PIP remains suspended; as a consequence, USCIS suspended processing of all existing applications. Beginning January 6, 2025, USCIS has begun the process of refunding checks of $580 filing associated with the vacated Keeping Families Together (“KFT”) Parole program. All applications filed prior to the order of suspending the program shall be administratively closed and thus, refunds are being issued to applicants.

For individuals who paid by credit card, the refund will be by credit card and should happen in the next 1-2 weeks. And for those who paid by debit card, the refund will be issued by check by ICE. This process may take 5-6 weeks.

(Atty. Lourdes Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C., law firm established since 1992.  She is also a producer/host of Pusong Pinoy sa Amerika, an immigration law informational show aired on GMA Pinoy TV. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)

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Updates

Texas, 15 States challenge Keeping Families Together Program

Texas, 15 states challenge Keeping Families Together Program
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Just four days after the implementation of the Parole in Place program for spouses of U.S. citizens, a lawsuit was filed seeking to suspend it. As of August 23, 2024, the plaintiffs have filed a Motion for Temporary Restraining Order, Preliminary Injunction, and Stay of Agency Action, challenging the Biden administration’s Keeping Families Together program, also known as Parole in Place. The lawsuit was brought by Texas and Idaho, along with 14 other state attorneys general from Alabama, Arkansas, Florida, Georgia, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Wyoming.

In their 67-page court filing, the plaintiffs assert that the program is illegal, arguing that it exceeds the executive branch’s authority to set immigration policy. They claim that the program constitutes a misuse of parole authority, stating, “The Biden-Harris Administration — dissatisfied with the system Congress created, and for blatant political purposes — has yet again attempted to create its own immigration system.”

Kelli Stump, President of the American Immigration Lawyers Association (AILA), responded to the lawsuit, saying:

“This is another example of states attempting to stop the federal government from using its well-established legal authority to promote family unity. In its place, these states and Stephen Miller, the architect of Donald Trump’s anti-immigrant policies, hope to re-institute a xenophobic, anti-family, anti-American agenda. We are talking about the family members of U.S. citizens who have been stuck in long-term legal limbo and, through Keeping Families Together, can now apply for legal status rather than endure an arduous and unworkable bureaucratic process. These are individuals who have been living in the United States for at least a decade and are contributing to American communities. It is reprehensible and nonsensical that these states want to undermine the core American value of strengthening families when cutting the red tape will also ensure a more secure and fairer immigration system. From a purely legal standpoint, the states are advancing weak, baseless arguments to justify their standing to sue that in no way merit the program being enjoined. While the program remains in effect, AILA members will continue to help their clients apply for this life-changing protection.”

At present, USCIS continues to accept applications, although this could change if the plaintiffs’ motion is granted.

(Atty. Lourdes S. Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C. for 32 years. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)

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Updates

Facing Deportation: What Happens When a U.S. Citizen Spouse Denies Your Marriage?

Facing Deportation - When a U.S. Citizen Spouse Denies Your Marriage
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For marriages of less than 2 years involving a U.S. citizen and a non-citizen, the initial green card is issued with a two-year conditional period. Before these two years expire, the non-citizen spouse must file to remove these conditions to obtain a green card with a ten-year validity period. But what happens if the U.S. citizen spouse becomes uncooperative, despite the couple still living together? Worse, what if the USCIS denies the joint petition for removal of conditions, putting the non-citizen spouse at risk of deportation? Let’s delve into the case of Maria and John

Maria and John’s Story

Maria, a young college graduate, met John, a U.S. citizen, while working as a guest relations officer at a popular beach resort in the Philippines. Their relationship blossomed, leading John to file a fiancé visa for Maria upon his return to the United States. The visa petition was approved, and Maria traveled to the U.S. to be with John.

During her initial stay, Maria noticed alarming changes in John, who was 20 years her senior. He became increasingly forgetful, his behavior erratic, and his mood swings frequent. Despite these challenges, Maria remained a patient and loving wife. However, they lacked sufficient proof of marriage—no photos together, no joint documents, as they lived with John’s family and didn’t pay rent.

When USCIS called them for an interview to remove the conditions on Maria’s residency, they were interviewed separately. The immigration officer concluded that Maria had entered into a fraudulent marriage, denying the petition. Maria was shocked. Upon reviewing the USCIS decision mailed to her, she realized John had made inconsistent statements during the interview, including an admission that the marriage was solely for Maria to obtain a green card. Maria suspected John’s worsening memory lapses had caused him to forget critical details of their relationship.

Now facing deportation for alleged marriage fraud, what legal steps can Maria take?

Maria’s Deportation Proceedings

When a non-U.S. citizen faces removal due to a denied petition for removal of conditions, the burden of proof lies with USCIS to establish grounds for terminating the conditional resident status. For her defense, the applicant can present new, material, and relevant evidence that was not previously submitted during USCIS proceedings.

Given the lack of joint documents and photographs, Maria must provide testimonial evidence from individuals who can attest to the authenticity of their marriage. Financial and property arrangements vary among couples, and some may have better documentation than others. In Maria’s case, her joint tax returns were her only significant documents. She was advised to gather witnesses who could detail their marital relationship.

Importantly, Maria did not have the opportunity to present this evidence during the USCIS interview. Immigration court provides the ideal forum to present additional evidence to prove her marriage was entered into in good faith.

Besides testimonial evidence, Maria can demonstrate that John has been clinically diagnosed with dementia, explaining his inconsistent answers during the USCIS interview. This crucial evidence could have significantly impacted her case.

With the submission of testimonial evidence and John’s medical records, Maria successfully proved her case in court and retained her green card.

Options for Others in Similar Situations

For those not as fortunate as Maria, an immigration judge, with the assistance of legal counsel, may accept an INA Section 237(a)(1)(H) waiver if the charge for terminating conditional residency relates to marriage fraud.

This case highlights the importance of gathering substantial evidence and leveraging all available legal avenues to demonstrate the legitimacy of a marital relationship, even under challenging circumstances.

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Updates

USCIS Issues Final Rule to Adjust Certain Immigration and Naturalization Fees

USCIS Issues Final Rule to Adjust Certain Immigration and Naturalization Fees
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WASHINGTON – Today, U.S. Citizenship and Immigration Services (USCIS) published a final rule to adjust certain immigration and naturalization benefit request fees for the first time since 2016. The final rule will allow USCIS to recover a greater share of its operating costs and support more timely processing of new applications.

The final rule is the result of a comprehensive fee review, as required by law, and follows the January 2023 publication of a notice of proposed rulemaking. The review concluded that the current fee schedule falls far short in recovering the full cost of agency operations, including the necessary expansion of humanitarian programs, federally mandated pay raises, additional staffing requirements, and other essential investments.

“For the first time in over seven years, USCIS is updating our fees to better meet the needs of our agency, enabling us to provide more timely decisions to those we serve,” said USCIS Director Ur M. Jaddou. “Despite years of inadequate funding, the USCIS workforce has made great strides in customer service, backlog reduction, implementing new processes and programs, and upholding fairness, integrity, and respect for all we serve.”

USCIS received over 5,400 unique public comments in response to its January 2023 notice of proposed rulemaking. USCIS took into consideration comments and feedback received during the proposed rulemaking process. Acknowledging this feedback from stakeholders, the final fee rule includes several important updates since the initial rulemaking. The final rule:

  • Lowers the agency’s required annual cost recovery by $727 million, in part by considering the budget effects of improved efficiency measures;
  • Expands fee exemptions for Special Immigrant Juveniles and victims of human trafficking, crime, and domestic violence; U.S. military service members and our Afghan allies; and families pursuing international adoption;
  • Provides special fee discounts for nonprofit organizations and small business employers;
  • Allows for half-price Employment Authorization Document applications for applicants for adjustment of status and a reduced fee for adjustment of status applicants under the age of 14 in certain situations;
  • Expands eligibility for a 50% fee reduction for naturalization applications, available to individuals who can demonstrate household income between 150% and 400% of the Federal Poverty Guidelines; and
  • Implements a standard $50 discount for online filers.

Every fee in the final rule is the same or lower than in the proposed rule. For most individual filers, the final rule limits how much newly established fees may increase. Under the final rule, the new fees will not increase by more than 26%, which is equivalent to the increase in the Consumer Price Index since the last fee rule was issued in 2016.

With the new revenues the rule will generate, USCIS will continue using innovative solutions to improve customer experience and stem backlog growth. Although the fee increases announced today will allow USCIS to better offset overall costs, congressional funding continues to be necessary to sustainably and fully address the increased volume of caseloads associated with recent border crossers, including by hiring additional USCIS personnel to help right-size a system that was not built to manage the numbers of cases USCIS receives.

The new fees under the final rule will go into effect on April 1, 2024.

USCIS encourages stakeholders to visit the Frequently Asked Questions page on its website to view a full list of the revised forms that will go into effect on April 1, 2024, along with the new fees. USCIS will accept prior editions of most forms during a grace period from April 1, 2024, through June 3, 2024. During this grace period, USCIS will accept both previous and new editions of certain forms, filed with the correct fee.

There will be no grace period for the following new forms, however, because they must be revised with a new fee calculation. Filers should click the links below to access a preview version of each new form edition before the April 1, 2024, effective date:

USCIS will use the postmark date of a filing to determine which form version and fees are correct but will use the receipt date for purposes of any regulatory or statutory filing deadlines.

USCIS ANNOUNCES WINDOW FOR  H1B CAP REGISTRATION

The fiscal year 2025 (March 2024) H-1B cap registration period will open at noon eastern on March 6, 2024 and run through noon eastern on March 22, 2024. For fiscal year 2025 H-1B cap filings, employers will also have the option of filing Form I-129 electronically on the USCIS website.

On January 30, 2024, USCIS announced a final rule to reduce the potential for fraud in the H-1B registration process. The new rule selects H-1B cap entries by each unique employee, instead of by each registration. This gives each employee the same chance of selection, regardless of how many registrations were submitted on that employee’s behalf.

With this update to the registration process, the employee is required to include valid passport or travel document information, and a employee cannot register under more than one passport or travel document.

USCIS has also provided clarification that for H-1B cap petitions, a start date after October 1 of the relevant fiscal year is allowed.

(Source: USCIS Website-Release Date: 01/30/2024)