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Analysis

USCIS Policy May Push Business Immigration Attys To Litigate

Law360 (July 13, 2018, 9:28 PM EDT) -- Business immigration practitioners may need to brush up on their litigation skills in light of U.S. Citizenship and Immigration Services’ recent memo that would potentially leave rejected visa applicants to face removal proceedings in immigration court immediately upon denial, attorneys said.

The memo, issued July 5, would vastly expand the agency’s enforcement capabilities, broadening the kinds of immigration cases that are subject to removal proceedings, which are initiated with a notice to appear. An NTA places a noncitizen before an immigration judge and commences removal proceedings.

Applicants for employment-based visas are not immune. Once issued an NTA, they might face monthslong...

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