- How is USCIS implementing Carrillo de Palacios for applicants with previous orders of deportation who filed applications for relief in reliance of Perez-Gonzales? What is the procedure executed when these people attend their I-130 or I-485 interviews? Are they being detained at the interview?
USCIS Response: All cases will be reviewed and adjudicated on a case-by-case basis. The authority to detain an alien or reinstate a prior order of removal is an ICE function.
- What type of proof is required for cases in which an applicant was arrested but no charges were filed? Shouldn’t proof from the court that no case was filed be enough? Are officers permitted to request a letter from the DA’s office confirming that no charges were filed?
USCIS Response: Individuals applying for immigration benefits with a criminal record are required to provide certified documents from the arresting agency and/or from the court which specified the outcome of an arrest. The documentation should include information about the arrest – name, DOB, arrest date, original charge. Officers are permitted to request a letter from the DA’s office confirming that no charges were or will be filed, when the case is within the statutory limitation for filing the criminal charges.
- On a couple of occasions, members have reported that after waiting for over an hour for an adjustment of status interview, the officer conducts the interview and then requests time to issue a decision because the file is too voluminous. Where the officer promises to issue a decision within a week, can attorneys approach the officer, supervisor or section chief for a follow up instead of making an InfoPass appointment and be told that it is pending?
USCIS Response: If you encounter this situation, please contact a Section Chief supervisor in the appropriate field office. An email or telephone call is the preferred method.