Not too long ago, the U.S. Citizenship and Immigration Services (USCIS) announced that “any non-citizens who apply for a benefit such as an extension or change of status, a green card, or citizenship—would be placed in deportation proceedings if that benefit [was] denied” [Source: Quartz]. Once this happens, the non-citizen must prove that he or she is eligible to stay in the United States. During this time, they could be detained and held in an immigration detention center, sometimes with no bond. As if being placed in deportation proceedings isn’t enough, non-citizens have “no right to a speedy trial, nor trial by jury” even when detained.

How would I know if I was placed in deportation proceedings after my application was denied by USCIS?

Typically, an immigrant would be provided with an NTA, or Notice to Appear, which “instructs them to appear before an immigration judge on a certain date.” After USCIS updated its NTA policy, USCIS officers are now able to issue an NTA for “a wider range of cases where the individual is removable and there is evidence of fraud, criminal activity, or where an applicant is denied an immigration benefit and is unlawfully present in the United States.”

Aside from USCIS issuing an NTA after an immigrant’s application has been denied, the agency can also issue one for the following types of cases in which the individual is removable:

• Cases where “fraud or misrepresentation is substantiated, and/or where an applicant abused any program related to the receipt of public benefits.”
• “Criminal cases where an applicant is convicted of or charged with a criminal offense, or has committed acts that are chargeable as a criminal offense, even if the criminal conduct was not the basis for the denial or the ground of removability.” If the case involves serious criminal activity, USCIS may refer it to ICE.
• “Cases in which USCIS denies a Form N-400, Application for Naturalization, on good moral character grounds because of a criminal offense.”
• “Cases in which, upon the denial of an application or petition, an applicant is unlawfully present in the United States.”

The new policy does not affect USCIS’s prior policy for issuing an NTA in the following categories:

• Cases that involve national security concerns.
• “Cases where issuing an NTA is required by statute or regulation.”
• “Temporary Protected Status (TPS) cases, except where, after applying TPS regulatory provisions, a TPS denial or withdrawal results in an individual having no other lawful immigration status.”
• “DACA recipients and requestors when: (1) processing an initial or renewal DACA request or DACA-related benefit request; or (2) processing a DACA recipient for possible termination of DACA.”

To help you better understand when an NTA might be issued to an immigrant whose benefit was denied, here are a few examples Quartz provided that “highlight the full extent” of the rule that allows USCIS to do this. A New Brunswick attorney who is skilled in deportation defense could elaborate further.

1. Let’s look at a hypothetical situation involving Jack, who is a foreign student who has filed for an extension of his visa. Jack has “always been in status” but “moved off-campus” and filed a change of address with USCIS. He even received a receipt indicating he did so. “Later, the agency sends a request for evidence to his old address anyway” but “Jack never receives it.” “USCIS denies the extension of status for failure to respond” and now “Jack faces deportation.”
2. “Jen was abused by her spouse and files for protection under the Violence Against Women Act (VAWA). She suffers from severe chronic depression, and misses the deadline for a request for evidence, asking for a doctor’s report detailing the abuse. As a result, her petition is denied. Jen now faces deportation.”

What should I do if I received an NTA?

If USCIS denied you access to the benefit you applied for and you have been placed in removal proceedings, you are going to want to contact Eric M. Mark for legal advice and guidance. After being placed in deportation proceedings, it is essential that you have a reputable New Brunswick deportation defense lawyer representing you. This way, you are less likely to be sent back to your home country and can continue living here in the U.S., whether it is to pursue a career, obtain medical care, or live with your family. Contact the firm today for help.