USCIS memo for comment pending applications & petitions when in proceedings

[BigJoe5]

Dear Stakeholder –

USCIS has posted the following interim memorandum for your review:

Guidance for Coordinating the Adjudication of Applications and Petitions Involving Individuals in Removal Proceedings; Revisions to the Adjudicator’s Field Manual (AFM) New Chapter 10.3(i): AFM Update AD 11-16 (final date to comment is Feb. 22, 2011)

For complete information on the comment process, visit the Interim Memoranda for Comment section of www.uscis.gov. Please send all comments on the draft memorandum to opefeedback@uscis.dhs.gov.

NOTE: If you are unable to access the memorandum through the link provided above, please do the following:

1. Go to www.uscis.gov
2. Select the “Outreach” tab at the top of the page
3. Select “feedback opportunities” on the left side of the page
4. Select “Interim Memoranda for Comment” on the left side of the page

Kind regards,

Office of Public Engagement
U.S. Citizenship and Immigration Services (USCIS)
www.uscis.gov/outreach

 

[tessiekenela]

What does this mean??

 

[BigJoe5]

What does this mean??

It means that an effort is being made to better coordinate file movement between ICE and USCIS and to proactively review files.

So, for example, if a person is in Removal Proceedings, ICE will review the file and if there is a pending I-130 and I-485 in it, ICE will try to get the file to USCIS to complete the I-130 adjudication and associated background checks so, that the IJ can decide on the I-485, either grant OR deny it.

An IJ or USCIS could decide on any associated waiver application---USCIS might note that one would b e required, but it could end up that the IJ is the one who requests it. There are numerous possibilities.

There could be an N-600 in the file, or a charged alien may first assert a derivative claim at that point, but the IJ would be powerless to approve it, only USCIS could approve it or deny it. An IJ could only treminate proceedings, probably "without" prejudice to reinstate proceedings in order to send the file back to USCIS to decide the N-600. If ICE combs the file before hand, they may decide not to bother even charging the alien with an NTA until after the N-600 in decided (even if one has not yet been filed) and then only if it is denied, appealled and dismissed.

Be proavtive. Read the memo and submit comments.