01 Feb 2017

Effect of Executive Order on Pending Applications at USCIS

The Recently enacted Executive Order that bars entry into the US from Nationals of 7 predominantly Muslim countries has now been expanded to also negatively impact ALL pending applications before the US Citizenship and Immigration Services (USCIS)

Pursuant to an article published in the Intercept, Daniel M. Renaud, Associate Director of Field Operations for DHS’ office of Citizenship and Immigration Services has issued a directive ordering ALL adjudications for nationals from the 7 affected countries to be stopped! https://theintercept.com/2017/01/30/asylum-officials-and-state-department-in-turmoil-there-are-people-literally-crying-in-the-office-here/

“Effectively [sic] immediately and until additional guidance is received, you may not take final action on any petition or application where the applicant is a citizen or national of Syria, Iraq, Iran, Somalia, Yemen, Sudan, and Libya,” wrote Daniel M. Renaud, Associate Director of field operations for DHS’s office of U.S. Citizenship and Immigration Services. “Field offices may interview applicants for adjustment of status and other benefits according to current processing guidance and may process petitions and applications for individuals from these countries up to the point where a decision would be made.”

“At that point, cases shall be placed on hold until further notice and will be shelved with specific NFTS codes which will be provided through the Regional Offices,” Renaud went on to say. “Offices are not permitted [to] make any final decision on affected cases to include approval, denial, withdrawal, or revocation.”

We are reviewing available recourse for our clients impacted by this decision. For those with pending Naturalization (“Citizenship”) applications, the law allows for applicants to file a lawsuit against USCIS in Federal Court and ask the Federal Court to adjudicate the case where USCIS refuses to adjudicate once the case has been pending for more than 120 days.

It is also unclear whether this policy is being implemented uniformly across all USCIS offices across the United States. However, if you or someone you know is from one of the 7 countries directly affected by the Executive Order, it is in your best interest to speak with your attorney, or seek immediate legal counsel if you do not already have an attorney helping you.

We are following all movements related to Immigration very closely, and while these are very fast moving actions, we will do our best to update you as news becomes available to us. In the meantime, please do not hesitate to contact us at 206-623-3352 or visit us online at www.orbitlawpllc.com should you have any questions or concerns. We will try our utmost to help as best we can.

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