A recent policy change by the United States Citizenship and Immigration Services (USCIS) states that non-citizens living in the US who apply for an extension or “adjustment of status“, meaning a green card or citizenship, could be fast-tracked for deportation if denied.
Before the new change, non-citizens were required to have committed a criminal act in order to be placed in expedited divorce proceedings.
On top of being denied a petition for a visa extension or change of status, the USCIS can now also place those accused of something the Department of Homeland Security consider criminal and also be fast-tracked.
Once a non-citizen is placed in divorce proceedings for failing a petition or being accused of a crime or other violation, it is him or her to prove that they are eligible to remain in the US.
According to Joe Leeds, an expert US immigration lawyer focusing on K1 visa requirements and regulations, the change is potentially problematic considering that those who are denied an adjustment of status petition, and not even a crime, could be detained without the right of a lawyer, speedy trial, or jury trial by jury.
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