Denial of Adjustment of Status due to Removal Orders

Denial of Adjustment of Status due to erroneous allegations of outstanding Removal Orders

Members have reported that Adjustment of Status applications have been denied where an individual’s removal proceedings have been terminated by an Immigration Judge or the Board of Immigration Appeals. For example, one member reports a denied Form I-485 even though the attorney included a copy of the Immigration Judge’s Order terminating Removal Proceedings with the application. In another example, the Form I-485 applicant was never in removal but had a similar name and date of birth of a person ordered removed. The examples are provided in a separate attachment.

How should applicants notify the NBC that his or her removal proceedings have been terminated by the Immigration Judge?

If a non-arriving alien filed an I-485 application while in proceedings and NBC administratively closed the I-485, the applicant, or G-28 representative, may contact NBC by written correspondence or by calling the National Customer Service Center (NCSC) at 800-375-5283. The NCSC will generate an electronic referral to NBC with the details of the request. The applicant should also provide a copy of the Order from the Immigration Judge indicating that proceedings have been terminated. Note that if the Removal Proceedings have been administratively closed and not terminated, the I-485 remains under the Immigration Judge’s jurisdiction, unless the applicant is an arriving alien.

Written correspondence may be sent to the following address:

USCIS National Benefits Center
PO Box 648006
Lee’s Summit, MO 64002

Would the NBC consider issuing a Notice of Intent to Deny (NOID), rather than a denial, in cases where it believes the applicant is in Removal Proceedings and thus ineligible to Adjust Status administratively?

In February 2012, NBC began administratively closing, as opposed to denying for lack of jurisdiction, Forms I-485 filed at the Chicago Lockbox by non-arriving aliens who are under EOIR jurisdiction. This change aligned our process with guidance provided by both ICE and USCIS.

In September 2012, NBC began forwarding these cases to the Field Offices as opposed to administratively closing the applications. This change aligns with our current I-485 modified process. Concurrently filed I-765 applications are adjudicated by NBC.

What training does NBC provide its adjudicators in cases where Removal Proceedings may have been terminated?

NBC provides officers with regular training regarding EOIR jurisdictional issues as they relate to Adjustment of Status. Officers also receive updated policy guidance and reference guides and training tools are available to assist officers.

Editor: Graham Post

For more information and advice on Immigration Issues?

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One comment

  1. Without consistency if the officials work it could become a serious issue. Constant updates and training for field officers is very important.

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