Memo unearthed by ProPublica: ICE now prioritizing all undocumented immigrants

This leaked ICE memo, published recently by ProPublica, is not surprising but nonetheless disturbing:

The head of the Immigration and Customs Enforcement unit in charge of deportations has directed his officers to take action against all undocumented immigrants they may cross paths with, regardless of criminal histories.

The entire article is worth a read.  But if you are currently undocumented, it is a good idea to see if you have any forms of immigration relief in the event that you have an ICE encounter.   

"Wave through" entries

We recently won a very challenging approval on behalf of a client who entered the country by being "waved through" the Canadian border. This is much different than a "waiver," which is a specific type of immigration application.  A "wave through" entry is literally when an immigration officer at the border -- usually the Canadian border -- simply "waves" to your car and allows you to pass into the United States.  Many foreign nationals have entered the U.S. in this manner, including foreign nationals who had no visa to enter the United States.  

While we certainly don't recommend trying to enter the U.S. in this manner, the Board of Immigration Appeals has held that individuals who are "waved through" a border checkpoint are "inspected and admitted" to the U.S.:  a requirement for most applications for adjustment of status.  The tricky part is proving a "wave through," as you have no evidence that you entered the country that way, other than your testimony.  We were able to obtain approval for our client because he gave a very detailed, credible account of his entry, and we supported that with affidavits from others in the car.  But these cases can just as easily end up in Immigration Court, so if you entered the U.S. via a "wave-through," then it is extremely important to work with an immigration attorney who can advise you on how to proceed and how to prove your entry.  And of course, you must also qualify for adjustment of status beyond just having been "inspected and admitted."

Updates to I-485 Application for Adjustment of Status

Beginning on August 25, 2017, USCIS will only accept a new form of the I-485 Application for Adjustment of Status, a very commonly-used form for individuals seeking permanent residence in the United States through a spouse or otherwise.  

Why is this newsworthy?  Well, USCIS updates forms all the time, but the new I-485 drastically expands the questions asked of foreign nationals regarding their immigration history, work history, and criminal history.  For example:

  • USCIS now asks whether you have "ever violated the terms or conditions of your immigration status."  For many of our clients, the answer to this question is "Yes."  However, what the new I-485 does not tell you is that many foreign nationals still can qualify for adjustment of status even if they have been or are currently out of status.
  • USCIS also asks if you "have ever worked in the United States without authorization." Again, this question will scare many applicants, but unauthorized work does not automatically disqualify you for permanent residence -- particularly if you are married to a U.S. citizen.  
  • Another expansion is of the criminal history question, which now covers many aspects of having been charged with or cited for a crime, and no longer excludes traffic violations.

Obviously, being truthful in your immigration application is vital (it's illegal to make misrepresentations on these forms).  But our fear is that many foreign nationals will be afraid to answer these questions honestly, and then have trouble when USCIS learns that they have not been entirely truthful on these forms.  The best course of action is to work with a qualified immigration attorney (such as our attorneys) to help you navigate these forms and anticipate any problems with USCIS before filing an application.