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USCIS changes its policy; victims of crime would be deported

USCIS changes its policy; victims of crime would be deported

Victims of serious crimes, domestic violence or trafficking in human beings who are refused their application can be deported
Victims of serious crimes, domestic violence or trafficking in human beings who are refused their application can be deported

The Citizenship and Immigration Service (USCIS) explained that from 19 November it will be able to initiate expulsion procedures by submitting the NTA notification against victims of serious crimes, domestic violence or trafficking in human beings whose cases have been denied.

Through a statement, the agency reported that "if the applicants, beneficiaries or petitioners who are refused applications or petitions are no longer in a period of authorized residence and do not leave the United States, USCIS becomes an NTA".

"USCIS will continue to send denial letters for these requests and petitions to ensure adequate notification regarding the period of authorized stay, to verify compliance with travel conditions or to validate departure from the United States," the document states.

All this is not lost, however, because according to the lawyer Emilio Amaya Garcia deportation is in most cases not automatic and the victims can appeal to the immigration courts for the investigation of their individual cases.

In addition, Amaya García noted that previous applicants of these categories were protected from deportation because they were people in a situation of vulnerability.

Safe applications

In the meantime, USCIS has explained that the implementation of the Memorandum has no influence on work-related requests for the time being.

"USCIS will continue to prioritize cases involving people with a criminal record, fraud or national security questions, for referrals to removal procedures, and USCIS has not changed the current processes for granting NTAs in this type of case. issuing NTAs for these cases continue with its discretion. "

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