US Citizenship and Immigration Services (USCIS) has introduced a new rule that allows the deportation process to be kick-started against anyone rejected for a US visa extension and whose tenure of legal stay in the US has already expired.
The Immigration Department released a policy memorandum on 28 June that enabled Notices to Appear to be issued by US Citizenship and Immigration Services in cases where US visa applicants no longer have the right to remain in the US after the denial of a petition of application. Notice to Appear is the name of a document given to foreign nationals instructing them to attend court on a certain date before an immigration judge and also begins removal proceedings against them.
The new rules mean that officers with USCIS can now issue such a notice in more cases where the person can be removed, and there is evidence of criminal activity or fraud or if an immigration benefit has been denied to an applicant who does not have the legal right to be in the US, according to the memorandum.
Jennifer Minear, the director of McCandlish Holton immigration practice group, told Forbes that the new policy has allowed USCIS to expand its mandate for the issuance of Notices to Appear without first needing to consult Immigration and Customs Enforcement, as was the case before.