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Business Standard
6 days ago
- Politics
- Business Standard
Green card applicants via family face deportation risk under USCIS rule
If you're in the US without legal status and trying to get a green card through marriage or family, the process just became a lot riskier. From August 1, 2025, a new Trump-era policy gives US immigration officials more discretion to deny applications outright—and in some cases, place the applicant into deportation proceedings. Here's what the new guidance means for families applying through the I-130 process, which is the most common route for getting US permanent residency through a spouse, parent, sibling or child. What has changed in USCIS policy for family-based green card petitions? The US Citizenship and Immigration Services (USCIS) now allows officers to deny family-based petitions without issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). Until now, most applicants were given a chance to correct errors or submit missing documents. That's no longer guaranteed. 'We're hearing about more pro se applicants being denied and then issued Notices to Appear in immigration court,' said Deanna Benjamin, an immigration attorney with Boundless, a US-based immigration law firm. 'That's a major change from how these cases were handled in the past.' Can USCIS now place applicants into deportation proceedings? Yes. If someone without legal status in the US applies for a green card through a family member and gets denied, they could now receive a Notice to Appear (NTA)—a formal start to removal proceedings. This applies even if the person is already in the US and trying to legalise their status. According to the updated USCIS policy manual, 'a family-based petition accords no immigration status nor does it bar removal.' 'This is one of the most important avenues that people have to adjust to lawful permanent status in the United States,' Elora Mukherjee, director of the Immigrants' Rights Clinic at Columbia Law School told NBC. 'The new policy is very broad and seems to empower USCIS to begin removal proceedings for a green-card applicant at any point in the process.' Who is most at risk under this policy? Immigrants who are: 1. Already in the US without legal status 2. Trying to legalise through a US citizen or green card holder spouse or relative 3. Awaiting consular processing with a pending waiver application (Form I-601) 4. Have overstayed visas and are now out of status 5. Lost their lawful presence due to expired pathways like DACA or TPS Benjamin warned: 'Families applying on their own, especially those already in the US without status, are most at risk.' How many people are affected by this change? In the first six months of 2025 alone, nearly 520,000 I-130 family-based petitions were filed, according to USCIS. As of June, more than 2.4 million petitions were pending—1.9 million of those had already been in the queue for over six months. The policy change applies not just to new applications, but also to pending ones. Why is the Trump administration doing this? USCIS said, the new policy helps 'ensure integrity in the US immigration system through enhanced screening and vetting.' It said the agency would use the changes to detect and deter immigration fraud. 'Fraudulent, frivolous, or otherwise non-meritorious family-based immigrant visa petitions erode confidence in family-based pathways to lawful permanent resident status,' USCIS said in an alert. 'USCIS must ensure that qualifying marriages and family relationships are genuine, verifiable, and compliant with all applicable laws.' Will this affect people who previously felt safe applying? Yes. Until now, families applying through I-130 did not expect to land in immigration court unless there was criminal history or a clear violation of law. 'No one expected to be put into immigration court during this process,' said Mukherjee. 'Even those doing everything right could now be afraid to apply.' What can applicants do to protect themselves? < Double-check all forms before submission < Ensure supporting documents are complete, especially proof of relationship < Consult a qualified attorney if there is any doubt < Avoid errors or omissions, even minor ones 'People can't afford mistakes anymore,' said Benjamin. 'If you're applying for a green card through a family member, your petition needs to be complete, accurate, and well-documented from the start. There might not be a second chance.'
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Business Standard
21-07-2025
- Business
- Business Standard
60 days or less: H-1B Workers get deportation notices despite legal status
A growing number of H-1B visa holders in the United States are receiving deportation notices while still within their 60-day legal grace period following job loss, according to multiple immigration law firms. The issue was flagged by Dillon Colucci, a partner at Greenberg Traurig LLP, who wrote in a firm post that some individuals were being served Notices to Appear (NTAs) despite remaining in legal status. His concerns were echoed by attorneys at Reddy Neumann Brown, Murthy Law Firm, Chugh LLP, and others. 'Losing your H-1B job is stressful enough—but now some workers are receiving Notices to Appear (NTAs) even while they're still legally within their 60-day grace period,' said Abhisha Parikh, a US-based immigration lawyer, in a social media post. What's supposed to happen when an H-1B worker loses a job? When employment ends, H-1B workers are allowed to stay in the US for up to 60 days to: • Find a new job and transfer their H-1B • Switch to a different immigration status (such as B-2 visitor) • Leave the US voluntarily within the grace period During this time, they are legally present and not considered out of status. What's happening instead? Several H-1B visa holders are reportedly receiving NTAs even before the 60-day period ends. An NTA is a formal notice initiating deportation proceedings in immigration court. This contradicts US Citizenship and Immigration Services (USCIS) guidance, creates uncertainty for visa holders, and disrupts businesses relying on foreign talent. The development follows a February 28, 2025 policy memorandum from USCIS, which expanded the types of circumstances that may trigger an NTA. The memo, accessed by Business Standard, clarified that Form I-862 (the NTA) outlines allegations and charges against an individual and initiates removal proceedings under section 240 of the Immigration and Nationality Act. USCIS, ICE and CBP all have the authority to issue NTAs. Are rules being changed? While there has been no official change to the grace period rule, the regulation allows the Department of Homeland Security (DHS) to 'eliminate or shorten this 60-day period as a matter of discretion.' Colucci noted that, although this provision existed since 2016, its use was not widespread until recently. He added that USCIS may now be using this discretion more frequently, though this has not been formally acknowledged by the agency. Parikh questioned the move: 'This raises serious questions: Is this a new enforcement tactic or just administrative errors? Either way, it's putting skilled professionals at risk of deportation before they've done anything wrong.' Who is affected? NTAs are being issued in situations where individuals may technically no longer be in nonimmigrant status, even though they have pending applications such as: • Adjustment of status (Form I-485) • Change or extension of status • Employment authorisation (EAD) while waiting for green card processing In some cases, NTAs are issued because an employer notifies USCIS of termination, prompting the agency to consider the person out of status—even if an application is pending. Others may have filed change-of-status applications slightly late, which could also lead to an NTA. According to Murthy Law Firm, an NTA starts the legal process for deportation. It requires the individual to appear before an immigration judge, beginning with a procedural master calendar hearing that may be followed years later by a full hearing. If the individual leaves the US after receiving an NTA but before attending court, it may be considered a self-removal. This can trigger a re-entry ban for several years. Some may choose voluntary departure to avoid harsher penalties. What H-1B workers can do • Act quickly to find a new employer and file an H-1B transfer • Consider switching to another visa category, such as B-2 • Leave the US voluntarily before the grace period ends, if no other option is available If issued an NTA, individuals are advised to contact an immigration attorney immediately. Mistaken NTAs can sometimes be withdrawn or dismissed. 'The system is complicated, but staying informed is your best defence,' Parikh said. 'If you're on an H-1B visa, make sure you know your rights, act fast if you lose your job, and get legal help immediately if you receive an NTA during your grace period.'
Axios
12-06-2025
- Politics
- Axios
ICE ramps up immigrant arrests in courthouses across U.S.
Immigration and Customs Enforcement agents — often dressed in plainclothes — are now arresting immigrants at courthouses nationwide, sometimes moments after their hearings end. Why it matters: The courthouse crackdown is part of a sweeping Trump administration effort to fast-track removals and increase the number of deportations this year — a strategy that's dramatically expanding who gets targeted and how. The big picture: The recent ramp-up follows a January policy shift that authorizes ICE to target courthouses for the first time in years — a move advocates say is quietly upending the legal process for immigrants. Under the Biden administration, ICE was not allowed to conduct enforcement operations at or near courthouses. What they're saying: "ICE is now following the law" and placing immigrants in expedited removal, "as they always should have been," a senior Homeland Security spokesperson told Axios. Immigrant activists describe it as a trap, warning that courthouses are becoming enforcement zones where due process rights are eroding. How it works: An immigration court that dismisses the case — often because the Department of Homeland Security withdraws the charges or because the applicant has no active relief from removal — opens the door for ICE to swoop in post-dismissal, no longer restrained by a pending court case. These immigrants, if they've been in the U.S. for less than two years, are then arrested on-site and fast-tracked for deportation. Failure to appear at court results in a removal order called an "in absentia" deportation order. Driving the news: Under a February executive order from President Trump, U.S. Citizenship and Immigration Services (USCIS) is now defaulting to issuing Notices to Appear (NTAs) for anyone denied an immigration benefit — including asylum, green cards and work permits. The policy change increased the number of NTAs issued by the agency compared to under the Biden administration. ICE and Customs and Border Protection also issue NTAs. Someone denied a visa extension can now be swept into removal proceedings, even without a criminal record. NTAs are also being issued to immigrants who commit fraud, including giving false information to an employer. State of play: The policy shift has supercharged the deportation pipeline and contributed to a surge of courthouse arrests across the country. By the numbers: Federal immigration authorities have launched deportation proceedings against more than 22,100 immigrants since late February, according to new USCIS data out Thursday. USCIS is now issuing about 1,840 NTAs every week, including hundreds tied to asylum and Temporary Protected Status (TPS) cases, per new agency figures. Zoom in: In recent weeks, ICE officers have ramped up arrests in immigration courts in numerous cities, from Seattle and Phoenix to San Antonio and New York City. At Denver's immigration court, for example, at least eight immigrants — including two young children — have been detained by ICE in the last two weeks, according to local organizers. What they're saying: Denver activists say the arrests are fueling fear and signal a collapse of due process. "The truth here is that the jack boots of ICE are terrorizing immigrant communities that are trying to take advantage of the due process of law that they are entitled to," Denver immigration attorney Hans Meyer said at a press conference last week. Now immigrants are "questioning if the legal way is really the right way," Jennifer Piper, the American Friends Service Committee's Denver program director, added.
