Visa Lawyer Blog: New USCIS Policy Seeks to Intimidate Immigrants Applying for Green Cards by Threatening Deportation Proceedings


Until this month, if your family member was in the U.S. legally, you could file an I-130 on their behalf, and they could remain in the U.S. while it was being processed. In a devious underhanded move to increase their deportation numbers, the Trump regime intends to start deporting family members whose visas have expired while their I-130 filings are being processed.


On August 1st the U.S. Citizenship and Immigration Services (USCIS) announced new policies that could make immigrants applying for green cards through family-based petitions more vulnerable to deportation.

The changes appear in various updates to USCIS’ Policy Manual which states that immigration officials can begin removal proceedings for immigrants who lack legal status and apply to become permanent residents through family-based petitions.

According to the Policy Manual, “if USCIS determines the alien beneficiary is removeable and amenable to removal from the United States, USCIS may issue a Notice to Appear (NTA) [in immigration court] placing the beneficiary in removal proceedings. Petitioners and alien beneficiaries should be aware that a family-based petition accords no immigration status nor does it bar removal.”

The new policy went into effect immediately and applies to pending requests for a green card, and those filed on or after August 1st.

While the practical impact of this policy is yet to be seen, it provides immigration officials with more discretion to initiate removal proceedings even where a green card application is pending with USCIS, for those who entered the U.S. illegally, overstayed a U.S. visa, or otherwise failed to maintain their legal status.

These policy changes underscore the importance of maintaining underlying legal status throughout the green card process. Those who lack legal status or who lost their status during the green card process may be most at risk.

This shift is troubling because under previous administrations, green card applicants were not placed in removal proceedings while their green card applications were pending, except for cases involving serious criminal offenses.

USCIS has defended these policies stating that, “Fraudulent, frivolous, or otherwise non-meritorious family-based immigrant visa petitions erode confidence in family-based pathways to lawful permanent resident (LPR) status and undermine the immigration system in the United States. USCIS must ensure that qualifying marriages and family relationships are genuine, verifiable, and compliant with all applicable laws.”

Overtime, USCIS has become increasingly cooperative with agencies like DHS and ICE—moving from an administrative agency to an immigration enforcement agency placing a growing number of immigrants at risk of deportation.

These policies send a clear anti-immigrant message intended to intimidate and drive undocumented immigrants to self-deport. Green card applicants must not fall into this trap and instead seek legal counsel to fully understand their rights.

Newsweek: Iranian woman who has lived in US for four decades detained by ICE

Mandana Kashanian, a 64-year-old Iranian woman who came to the United States at 17 years old just ahead of the 1979 Iranian Revolution, was arrested by U.S. Immigration & Customs Enforcement (ICE) on Sunday and is being in detention in Louisiana.

Newsweek has confirmed her detention in the ICE detainee database.

Kashanian came to the U.S. on a student visa on July 24, 1978 and “gained authorization to remain in the U.S. until May 31, 1983 by changing her status to that of a spouse of a nonimmigrant student” according to documents from the U.S. Court of Appeals for the Fifth Circuit reviewed by Newsweek.

She eventually applied for asylum, but her claim was denied, according to the 2001 court documents. Her family told MSNBC that she applied for asylum and was denied multiple times. Kashanian has appealed several court decisions relating to her status as well as filing a motion to reopen appeals.

She married early on and then divorced. She then married Russ Milne, a U.S. citizen, in 1990 and the couple share a 32-year-old daughter together, who is also a U.S. citizen. Part of the complication of Kashanian’s status is due to her first marriage, which the court reported as “improper” and fraudulent, and subsequently interfered with her green card application once married to Milne.

Her father had worked as an engineer for the Shah in Tehran, according to Nola.com, and she claimed she would “experience extreme hardship if deported,” per court documents.

The local outlet said she was granted a stay of removal on the basis that she comply with immigration requirements, which her family says she has always met. Her husband told MSNBC on Friday that she has no criminal history.

She has lived in the states for almost 50 years, setting down roots in New Orleans. She shares Persian recipes on a YouTube channel, was involved in her daughter’s parent-teacher association, volunteered after Hurricane Katrina, and helps out family and neighbors, her husband told MSNBC.

On June 22, she was arrested by officers in unmarked vehicles, her neighbor Sarah Gerig, told Nola.com, noting that the arrest was less than a minute.

Kashanian is currently held in South Louisiana ICE processing center, according to the ICE database. The GEO Group runs the 1,000-person capacity facility located in Basile, Louisiana.

https://www.newsweek.com/iranian-woman-who-has-lived-us-four-decades-detained-ice-2092082

AsAmNews: Green card holders face extra scrutiny and detention at airports

U.S. Customs and Border Patrol is warning travelers this summer holding green cards that they could face detention when traveling through airports.

There’s been much concern following reports that ICE agents have detained individuals returning to the U.S. from the Philippines.

“As part of CBP’s national security mission, officers routinely determine the admissibility of foreign nationals using longstanding U.S. immigration law,” CBP said in a statement to the Inquirer. “Lawful permanent residents convicted of offenses considered to be crimes involving moral turpitude, including aggravated felonies, can legally lose their status and be removed. Crimes involving moral turpitude include offenses such as grand theft and the use or distribution of controlled substances.”

A Homeland Security commercial running on both radio and TV features Homeland Security Secretary Kristi Noem proclaiming that under President Trump, the United States has been made safer as murderers and rapists are being deported.

However, its apparent nonviolent offenders are also being caught into this dragnet despite their legal immigration status. Protesters deemed acting against the interest of the Trump administration’s U.S. policy are also being deported.