USCIS just announced a major update that affects ALL immigration applicants!

If they plan to deny or revoke your immigration case based on derogatory or negative information you may not know about, they are now generally required to disclose that info to you through an official notice. Join us live at 6:00pm EST tonight as we explain the new USCIS guidance and how it will impact you!

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USCIS New Rules on Derogatory Information

• USCIS has introduced new rules regarding the handling of derogatory information that may lead to the denial of immigration benefits.
• The first key premise of the new rule is that the government must disclose any information it relies on to deny a benefit, allowing applicants to understand and potentially rebut the evidence against them.
• The second premise states that if the information pertains to national security concerns, it cannot be disclosed to the applicant, which is a longstanding policy.
• The new policy seeks to address situations where information that is not classified as national security may still be withheld from the applicant due to restrictions imposed by agreements.
• This change raises concerns as it allows the government to use information against applicants without providing them the opportunity to contest it, which could set a dangerous precedent.
• The speakers highlight that the previous Ninth Circuit ruling mandated that derogatory information must be shared with applicants to ensure fair decision-making.
• The new USCIS policy could potentially allow for the use of previously unshareable information against applicants, which could lead to unjust denials.
• The application of this policy will be critical; its impact will depend on how aggressively USCIS decides to implement it.

Concerns Over Due Process

• There are significant concerns regarding the erosion of due process rights under the new USCIS policy, as it may prevent applicants from understanding the basis of their denials.
• Due process requires that individuals be informed of the reasons for adverse decisions, allowing them the opportunity to address any issues.
• The speakers express unease about the potential for the government to act without transparency, which could undermine public trust in immigration processes.
• The lack of clarity regarding what constitutes ‘derogatory information’ that can be withheld adds to the anxiety surrounding the new policy.
• The speakers emphasize that the government must maintain a balance between national security and the rights of individuals to contest decisions made against them.

Examples Illustrating the Policy’s Impact

• An illustrative example is provided where the government might have information about an individual involved in criminal activity but cannot disclose the specifics due to confidentiality agreements.
• This situation could lead to a denial of benefits based on undisclosed information, leaving the applicant unable to challenge the evidence against them.
• The speakers discuss how the new policy could allow USCIS to ask vague questions to elicit information from applicants without revealing the derogatory details they hold.
• The discussion emphasizes the potential for misuse of the policy if stringent safeguards are not implemented to protect applicants’ rights.

Future Implications and Monitoring

• The speakers suggest that while the policy itself may not be inherently problematic, its implementation will be crucial in determining its impact on applicants.
• There is a call for vigilance in monitoring how USCIS applies the new rules, particularly regarding the denial of benefits without providing applicants the chance to respond.
• The potential for increased denials based on undisclosed information could lead to a growing number of appeals and litigation, creating a backlog in the immigration system.
• The speakers encourage applicants and legal practitioners to stay informed about developments in this area and to advocate for fair treatment in immigration processes.

Visa Bulletin Discussion

• The discussion shifts to the visa bulletin, focusing on the movement of priority dates for various visa categories, particularly for workers under the EB3 category.
• The speakers highlight the difficulty in predicting visa bulletin movements due to the various factors that influence processing times and availability.
• They note that the current final action dates for EB3 workers indicate limited movement, suggesting that applicants may face prolonged waiting periods.
• The speakers provide insights into the historical context of priority dates and the factors that could lead to changes in the future.
• They emphasize the importance of understanding these trends for applicants planning their immigration strategies.

Q&A Session

• The session transitions to a Q&A format where viewers can ask questions regarding immigration processes and policies.
• Questions range from specific visa inquiries to broader concerns about processing times and the implications of recent policy changes.
• The speakers provide detailed responses based on their expertise and current immigration laws, aiming to clarify uncertainties for applicants.
• The interaction underscores the importance of community engagement and the need for accessible information regarding immigration matters.