Immigration Newsletter – March 2012
Updating address… We cannot emphasize the importance of updating your address when you are seeking an immigration benefits before the government, especially, when there is a pending petition with U.S. Citizenship and Immigration Service (USCIS). It is frustrating to see a petition that has been pending for a long time with USCIS denied simply because the address was not updated and the petitioner failed to respond to a request for additional evidence. Even worst, an applicant or a foreign national could potentially have an in absentia order of removal because he or she fails to appear for the immigration hearing. There are a couple of examples that we want to share from our experience. A foreign national entered the United States as a tourist and overstayed on her visa. She married a U.S. citizen and filedfor adjustment of status with USCIS. Prior to the interview, she and husband were divorced. She and her husband did not communicate with each other thereafter. USCIS sent the denial notice to her ex-husband’s address and placed her in removal proceedings because she had overstayed. The immigration court sent her notice of the hearing to her ex-husband’s address as well. The court ordered her to be removed in absentia when she could not appear in court. Another typical example is a foreign national was admitted to the United States as a conditional lawful resident by marriage to a U.S. citizen spouse. She received her 2 years conditional residency card; thereafter, she and her husband moved to another city to start a business. She failed to remove her conditional residency, and her residency was terminated. She was placed in removal proceeding and notice was sent to her last known address that she provided when first entered the United States. She did not appear for court and was ordered remove in absentia. She then went to a local district office to ask for guidance for her residency card. The information officer advised her that she had an order of removal and Immigration and Custom Enforcement (ICE) had to take her into custody. She was fortunate that the proceeding was reopened and her application for conditional removal of residency was granted.