USCIS Memo on Deciding Petitions and Applications when Foreign National in Removal Proceedings


United States Citizenship & Immigration Services (USCIS) issued an interim memo (in effect now) to address scenarios when a foreign national is in removal (deportation ) proceedings before the Immigration Courts (part of the Department of Justice's Executive Office for Immigration Review) but an application for a benefit is pending before USCIS (part of the Department of Homeland Security).

Those Immigration Court litigators such as myself, know all too well the frustration of waiting months, if not years for USCIS to decide on an I-130, I-140 or other application.

Now USCIS is committed to 30 to 45 days time frames for adjudications.  Thirty days for detained cases, 45 days for non-detained.

Ricky Malik, Esq.

Attorney at Law