A Mistake with Your Visa Application Can Get You Deported

The Shapiro Law Group

A new immigration policy that took effect on Jan. 22 could result in the immediate deportation of visa applicants in Illinois if they make mistakes or fail to submit enough documentation with their applications. Previously, the U.S. Customs and Immigration Services would send requests for evidence or notices of intent to deny to applicants whose applications contained errors or that needed supporting evidence. The applicants would then be given the chance to supplement their applications to correct the deficiencies. Under the new policy, adjudicators no longer have to send RFEs or NOIDs. The policy affects all types of immigration applications, including those that people submit for green cards and for U.S. citizenship.

New Immigration Policy

The new immigration policy was announced in a policy memorandum by the USCIS on July 13, 2018, and was made effective on Jan. 22, 2019. The policy rescinded the previous policy from 2013 that detailed how adjudicators were supposed to issue RFEs or NOIDs in most cases when applications were incomplete, contained errors, or lacked enough evidence. Under the new policy, adjudicators no longer have to issue RFEs or NOIDs to applicants whose applications contain mistakes or that do not contain enough supporting evidence. Instead, the adjudicators can move to deny the applications immediately and to begin deportation proceedings.

What the New Policy Means for Applicants

People who are in the U.S. and who are trying to renew their visas may be immediately deported as soon as their visas expire if they make mistakes on their visa renewal applications. Those who submit applications for family-based immigration or for hardship waivers may also be deported if they make mistakes or fail to submit enough documentation. People who apply for lawful permanent residence status, changes in status, or citizenship could similarly have their applications denied and face deportation proceedings without having the chance to submit additional evidence or documents or to correct the mistakes that they have made in their applications.

The new policy means that it is crucial for visa applicants to avoid making mistakes on their applications and to submit as much documentary evidence as possible to support their eligibility for the visas for which they are applying. People may not be given the chance to make corrections if they do make mistakes. They might face deportation proceedings and thousands of additional dollars in legal costs to defend against their removals.