Another Brick in Trump’s Invisible Wall- the USCIS NTA Memorandum

by | Jul 12, 2018 | Firm News |

U.S. Citizenship and Immigration Services (“USCIS”) recently published a troubling memorandum that will place more people in removal proceedings. This will be done by USCIS issuing what’s known as a Notice to Appear (“NTA”), the government charging document that initiates removal proceedings.

Prior to this guidance, USCIS had a limited role in issuing NTAs to applicants. Its role was primarily as an adjudicating arm of DHS, while Immigration and Customs Enforcement (“ICE”) and Customs and Border Patrol (“CBP”) served as the main two enforcement arms. The guidance now requires USCIS to issue NTAs to all noncitizens whose applications have been denied who are “not lawfully present” in the United States. It also requires USCIS to issue NTAs to those who are “enforcement priorities” whose applications are still pending and have not yet been adjudicated.

For example, a U Visa applicant (a victim of a serious crime in the United States who suffered substantial harm and cooperated with the investigation of that crime), in the past, would be able to submit his application to USCIS without fear of being placed in removal proceedings. Many U Visa applicants are undocumented and/or entered without inspection. In the past, when USCIS denied these cases, it would not issue an NTA, and the crime victim would not be automatically put in removal proceedings just for being present in the United States unlawfully. Now, under this guidance, any applicant whose application is denied will be placed in removal proceedings if he or she is not lawfully present or is an “enforcement priority.”

Another example of someone who would be gravely affected by the new guidance is an engineer who has held H1-B status for years while working in the United States. If her application for an H1-B extension is denied, and her underlying H1-B status has expired, USCIS will place her in removal proceedings.

This NTA memorandum will have a devastating effect on the immigrant community. Firstly, it will create a chilling effect on applications. Those who are otherwise eligible for an immigration benefit may well decide to forgo an application to avoid risk of deportation, thus remaining in the shadows. Secondly, the memorandum will result in more individuals being thrown into the deportation machine. It will lead to even more family separations and some applicants even being deported to countries where they fear persecution.

This guidance does not mean you should simply refrain from applying for an immigration benefit if you are otherwise not in lawful status, or if you have a criminal history. If you are undocumented and in the shadows, you still run the risk of being picked up by ICE, and if you have a strong claim, submitting an application may not only provide you peace of mind, but could be a pathway to citizenship. Now more than ever, it is important to avoid notaries promising miracles. Be skeptical when receiving immigration advice. A good attorney specialized in immigration law will be able to help you weigh the risks and benefits of whether to submit an application to USCIS.

Keep in mind that this policy memorandum is yet another massive brick in the invisible wall Trump’s administration is constructing every day. It was issued by a heartless administration that cares more about furthering its xenophobic agenda than the rights of immigrants and their families who make this country great. We must not be deterred.

Bean, Lloyd, Mukherji, & Taylor is an immigration law firm in Oakland, California

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Big News- Firm Merger and Consolidation to Oakland!

Bean + Lloyd, LLP and Park & Taylor has formed Bean, Lloyd, Mukherji, & Taylor, LLP

San Francisco Office has Moved to Join Oakland Office

We are thrilled to announce the merger of Bean + Lloyd, LLP and Park & Taylor, two highly respected Bay Area immigration law firms, which took place in April 2021. The new firm, Bean, Lloyd, Mukherji, & Taylor, LLP, combines decades of immigration experience in the subfields of family-based immigration, removal defense, asylum, humanitarian visas, and criminal immigration.

Additionally, the former Park & Taylor office in San Francisco has moved to join the Oakland office at 110 11th Street, Oakland, CA 94607. While the office is temporarily closed to the public due to COVID-19, our staff is still available by phone, email, and text message, and all consultations and client appointments will continue by phone or video. We look forward to physically reopening our expanded and improved Oakland office when it is safe to do so.

Partners Jesse Lloyd and Anita Mukherji, both certified specialists in immigration and nationality law by the California State Bar, lead the firm. Karyn Taylor has joined as Of Counsel, and Angela Bean remains as partner and Anna von Herrmann as Of Counsel. The Park & Taylor staff have brought their two decades of experience to the team.

Please contact us at (510) 433-1900 or with any inquiries.

¡Anuncio importante- Unión y Consolidación de Dos Bufetes! Bean + Lloyd, LLP y Park & Taylor han Formado Bean, Lloyd, Mukherji, & Taylor, LLP

La oficina de Park & Taylor se ha mudado para unirse a la oficina de Oakland

Estamos emocionados de anunciar la unión entre Bean + Lloyd, LLP y Park & Taylor, dos bufetes de inmigración muy respetados en el Área de la Bahía, lo cual ocurrió en abril del 2021. El bufete nuevo, Bean, Lloyd, Mukherji, & Taylor, LLP, combina décadas de experiencia en inmigración familiar, defensa de deportación, asilo, visas humanitarias, e inmigración criminal.

Además, la antigua oficina de Park & Taylor en San Francisco se ha mudado para unirse a la oficina de Oakland en 110 11th Street, Oakland, CA 94607. Nuestra oficina está temporalmente cerrada al público debido a COVID-19. Nuestro personal seguirá estando disponible por teléfono, correo electrónico y texto. Todas las consultas y citas de clientes, continuarán por teléfono o videollamada. Estamos emocionados para reabrir físicamente nuestra ampliada y mejorada oficina de Oakland cuando sea seguro hacerlo.

Los socios Jesse Lloyd y Anita Mukherji, dos especialistas certificados en ley de inmigración y nacionalidad por la Barra del Estado de California, dirigen el bufete. Karyn Taylor es abogada retirada pero se ha unido al bufete, Angela Bean permanece como socia y Anna von Herrmann sigue siendo parte del bufete. El personal de Park & Taylor ha compartido sus dos décadas de experiencia con el equipo.

Por favor contáctenos al (510) 433-1900 o con sus preguntas.

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