What Immigrants With Pending Cases Should Know During Immigration Crackdowns
As immigration enforcement becomes a prominent issue in the news, immigrants waiting on pending immigration applications often become concerned about what this might mean for their future in the United States. Asylum, green card petitions, and other immigration benefits often cause immigrants to worry, especially if immigration enforcement becomes a prominent issue. While these concerns are valid, you should understand how immigration enforcement and pending cases relate to one another.
Why immigration crackdowns cause concern
Immigration enforcement activities include the activities of federal agencies such as Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP). The activities of these agencies are reported through news sources, which makes immigrants fearful that they’re at risk if they deal with immigration authorities.
Individuals with pending cases may be fearful of applying for certain benefits, such as asylum, adjustment of status, and employment permits, as they might be placed “on the radar” of immigration authorities. Others may be fearful of new policies that suddenly cause their cases to be denied.
There are, however, certain situations where immigrants with pending immigration cases are protected under the law.
Pending applications often provide important legal protections
There are many instances where a pending immigration case can indicate that an individual is actively pursuing legal status in the United States. For example, in cases where an individual applies for asylum, it is legal for them to pursue legal status in the country when they feel persecuted in their country of origin. In addition, in cases where an individual applies for a change of status through a family member or employment, it is legal for them to pursue residency in the country.
A pending immigration case can have some benefits depending on the type of immigration case involved. For example:
- Those who have applied for asylum status are allowed to remain in the country while their cases are pending
- Those who have applied for adjustment of status can be allowed to work in the US while their cases are pending
- Individuals may be issued a notice to appear in court instead of being deported from the country
Immigration laws are very complex, and the benefits that are associated with a pending case can differ depending on your immigration history and the type of immigration case that you’ve filed.
Policy changes do not automatically end pending cases
Concerns about political changes and new enforcement priorities cause many people to believe that their immigration applications might be immediately terminated or denied. However, most immigration benefits are covered by existing federal statutes and regulations. Although changes in policies might cause delays in the process, it does not immediately invalidate existing petitions.
Immigration officers must still possess the petitions according to the law and the evidence presented. Every petition is individually processed, and many petitions continue to progress in the process, regardless of enforcement policies.
Talk to a Miami, FL, Immigration Lawyer Today
The Law Office of Wilfredo O. Allen, Esq. represents the interests of those immigrating to the United States. Call our Miami immigration lawyers today to schedule an appointment, and we’ll get you on the road to being a legal resident right away.