Being an immigrant in the United States is becoming an impossible mission. If the idea was to expel all immigrants -both legal and illegal- from the country, they are certainly achieving it in the most vile way. The latest news comes from the U.S. Citizenship and Immigration Services (USCIS), regarding obtaining permanent residency, also known as the Green Card. The new regulation indicates that even those individuals who already possess their permanent residency in the country may have their permit revoked during the first 5 years based on specific criteria. According to USCIS, if it is determined that the resident was not eligible or obtained their Green Card through fraudulent means, they can lose their legal permanent residency status.
This process strips the resident of all legal benefits and exposes them to possible deportation, which has been referred to as “rescission of status.” How does it work? USCIS issues a Notice of Intent to Rescind (NOIR), to which the citizen has the right to defense. This rescission can also affect the family members of the affected individual if they obtained the Green Card through a family petition. Lawyers recommend keeping all necessary information updated, as well as acting transparently throughout the process, while legal experts advise citizens to be alert for any notifications from USCIS.
Citizenship and Immigration Services (USCIS)
The United States Citizenship and Immigration Services (USCIS) is a federal agency that is part of the Department of Homeland Security. Among its functions is to control legal immigration to the country, facilitating naturalization processes, family immigration, work visas, civic integration, adoptions, humanitarian programs, and employment verifications (E-Verify). It is the organization responsible for processing all visa applications and making decisions regarding immigration.
Green Card
The Permanent Resident Card, also known as the Green Card, is the final step in the immigration visa application process in the United States. It is the document that allows a foreigner to live and work legally in the United States, not temporarily, but permanently. It is issued by the government of the country, and can be requested through family petitions, job offers, or through the visa lottery. It is important to understand that this is not U.S. citizenship, as the rights and obligations are not the same.
USCIS changes the Green Card regulations
With the clearly evident goal of expelling all immigrants from the United States, the USCIS has announced a new measure that affects those individuals who already have a Green Card, that is, a permanent residence and work permit. They might have to change its name, because the new measures make it no longer permanent and the holders of it could face its revocation.
According to the new regulations, a resident can lose their status if it is proven that at the time of the immigration adjustment they were not eligible to obtain it, or it is considered that it was obtained through fraudulent means. They have called this process ‘status rescission,’ and through it, the affected person would lose all benefits associated with the Green Card and would become an immigrant whose fate is, very likely, deportation.
Who does it affect?
This measure can affect anyone that USCIS considers should be investigated. The agency issues a document called a Notice of Intent to Revoke (NOIR), within the first 5 years of the validity of the permit. What to do if you receive the notification? Those affected have the right to defend themselves before an immigration judge and to prove their innocence if that is the case.
The other option is to accept the charges against them and voluntarily leave the country. The problem lies in the fact that the decision affects not only the “accused” but their entire family as well. If the primary applicant’s Green Card application through a family petition is revoked, their whole family could also lose their status.
What can be done about it?
There is not much that can be done. Lawyers recommend complete transparency during the status adjustment process, keeping all information updated and complete. It is important to pay attention to any notifications from USCIS, to act as quickly as possible.
From now on, you will have to bring your own translator for the appointments related to immigration.
