By: vadmin / December 19, 2023

This blog posts focuses on the main aspects of the DHS and U.S. Immigration and Customs Enforcement Memorandum guidance regarding the handling of removal proceedings of aliens with pending or approved applications or petitions.

Expedited adjudication involving detained and non-detained aliens with pending applications or I-130s.

• (1) Expedited Adjudication involving a detained alien whose application or petition is pending with USCIS. ICE will promptly transfer the applicant’s A-file to USCIS. USCIS will adjudicate all detains cases referred to it by ICE within 30 days of receiving the A-files. In case of a need to conduct an interview by the USCIS, ICE will make sure that the USCIS has access to the detained.
• (2) Same applies to all matters regarding the non-detained alien whose application or petition is pending will have his or her file adjudicated, however, within 45 days. Again, all these cases will be referred to the USCIS by ICE.

Relief from removal/dismissal – File a request to join in a Motion to Terminate/Dismiss proceedings with an attached I-485 application without prejudice

In the exercise of discretion that the alien appears eligible for relief from removal, factors such as criminal convictions, evidence of fraud, criminal misconduct of any kind, and national security considerations will all be investigated.

The standard for dismissal from the Memo

• 1) The alien must be subject of an application or petition filed with the USCIS to include a current priority date, if required, for the adjustment of status
• 2) The alien appears eligible for relief as matters of law and in the exercise of discretion
• 3) The alien must present a completed I-485 application for adjustment of status
• 4) The alien must be statutorily eligible for adjustment of status (a waiver must be available for ground of inadmissibility)

The approved I-130 will make you eligible for adjustment but not for removal proceedings, this is when filing a request to join in a motion to terminate with the DHS should happen first. Upon approval from DHS, a join motion be filed with a immigration judge. Proceedings will then likely be terminated. In these instances the approved I-130 should be attached and the I-485 with supporting documents of the applicants eligibility should also be attached. The adjudication of the adjustment of status may or may not be done in court.

The memo speaks of coordination between the USCIS field office and ICE to determine and identify removal cases that involve an application or petition pending before USCIS to take into account 1) expedited adjudication and 2) where dismissal of proceedings are appropriate.

See attached blog post distillation of what to do in such a case and this link:

• http://www.ice.gov/doclib/foia/prosecutorial-discretion/handling-removal-proceedings.pdf

Here is a hypothetical case for you from another law firm:

• http://www.sarmientoimmigration.com/2012/05/11/i-130-approval-and-termination-of-removal-proceedings-for-ghanaian-client-in-columbus-ohio/