New Traps for Aliens Filing for a Green Card

New Traps for Aliens Filing for a Green Card
By Attorneys Robert L. Reeves and Joseph I. Elias
rreeves.com

Excerpts:

The United States Citizenship and Immigration Services (USCIS) recently issued a policy memorandum binding to its officers regarding unlawful presence.  The memorandum is supposed to merely consolidate and clarify all previous memos on the subject.  Yet, the memo created a class of deportable immigrants who are in their final stage of the green card process.  In one fell swoop, a whole new class of adjustment of status applicants are categorically at risk of deportation.

The new memo drastically changes this interpretation. The new policy now states that if an adjustment applicant does not timely renew his non-immigrant status, even if he is in a period of stay authorized by DHS, he becomes subject to deportation because he has remained in the US after the expiration of his non-immigrant status.  Based on this new guidance, all adjustment applicants that can renew, should renew their non-immigrant visa statuses before their expiration in order to avoid being found deportable.

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