In immigration court, if those applicants don't have another defense available where they can stall for time until their U Visa arrives, you're looking at people who are likely to be deported, and then given a U Visa next year. /7 - ThreadSky

szreich.bsky.social • 27 days ago

In immigration court, if those applicants don't have another defense available where they can stall for time until their U Visa arrives, you're looking at people who are likely to be deported, and then given a U Visa next year.

/7

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szreich.bsky.social•27 days ago

And maybe you don't care, thinking that sitting outside the US for 1 year doesn't sound that harsh. But if they've been deported, they're not eligible (without a waiver that takes ~5 yrs to process) to return to the US for 10 years, even if they have an approved U Visa.

/8

maureenabell78.bsky.social•27 days ago

If you work in this field with u petitions, you really need to know that the I-192 absolutely will waive a prior deportation and it can be filed or supplemented after the U is filed.

kathryntewson.bsky.social•27 days ago

Is the federal government continuing to act as though that's true?

maureenabell78.bsky.social•27 days ago

11 days in is a little too soon to tell, but if we’re anticipating that additional hurdle we should say so. And also explain why an appeal to the BIA won’t work to keep them here if they’re a year away from approval.

szreich.bsky.social•27 days ago

Yes, it's still early days. But not so early that massive changes haven't hit.

E.g., in Dallas Imm. Ct., ERO agents now patrol inside the courthouse. ICE is sending letters to people with pending asylum cases in court, and who were paroled. When they show up to ICE, they're arrested.

/1

szreich.bsky.social•27 days ago

Yes, but you need to point to the legal err you're appealing.

If you don't have a defense available (e.g., asylum, 42b, etc.), your appeal is going to be over very quickly. And remember that a removal order affirmed by the BIA and appealed to the Cir. Ct. is final, so can be executed by ICE.

maureenabell78.bsky.social•27 days ago

You appeal the denial of a continuance. It’s totally proper and you’re going to be filing a motion to remand before a decision gets made anyway.

szreich.bsky.social•27 days ago

According to local reporting here in Dallas, the Dallas ICE office has a quota of 75 arrests per day. It seems ICE knows that people trying to cooperate, who are in removal proceedings fighter their asylum case, and were paroled in b/c they're not dangerous, will come to their office.

/2

szreich.bsky.social•27 days ago

'Prior' being the operative word here.

An approved I-192 won't help you if you're subsequently ordered removed.

maureenabell78.bsky.social•27 days ago

No, but you would file a new one. The removal is still waivable. Same as if someone doesn’t listen to their attorney and leave voluntarily and triggers a 10 year bar they didn’t have before.

szreich.bsky.social•27 days ago

And the kick in the pants? U Visas only last 4 years!

And I cannot emphasize this enough—examples like these are examples of people who are trying their goddamn best to do it the right way.

/9

szreich.bsky.social•27 days ago

The point is that empty facile slogans popular among immigration skeptics demonstrate that they either don't know, or don't care, about the these details.

/fin

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