(2) POLICY: USCIS failing to inform Sponsor/Spouse when Conditional Permanent Residency is terminated


Summary:

Contrary to 8 U.S. Code § 1186a, which specifically states when an alien’s conditional residency has been terminated due to a finding that the qualifying marriage is improper, DHS “shall so notify the parties involved,” USCIS is ONLY informing the immigrant.

That in turn denies the spouse or sponsors any knowledge of an open proceeding which the spouse/sponsor is a rightful “party” to. Without knowledge of the proceeding, the spouse/sponsor is unable to participate in that proceeding, even though the very subject of that proceeding involves the validity of the spouse’s relationship, and the original application which included the sponsor’s contract.

According to the Administrative Procedures Act (APA), 5 U.S. Code § 556(d) “A party is entitled to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts.”

All communications made throughout immigration proceedings are done so through ex-parte communications, denying the spouse/sponsor any ability to present his case or defense, submit rebuttal evidence or conduct any cross-examinations. Therefore spouses/sponsors are denied procedural due process.

The APA also allows for those who have been “adversely affected” to request judicial review of the decision. Sponsors/spouses are incapable of ever filing an appeal if the outcome of the proceeding is withheld from them.

This is a systemic issue. Throughout the immigration system, DHS acts as an advocacy group for immigrants while working against U.S. citizen sponsors and spouses. Spouses and sponsors must have full disclosure of all proceeding information when such a proceeding may in fact adversely affect them, or construe their rights and obligations under the law.

National Security:

Clearly, holding one-sided ex-parte proceedings enables and encourages fraud and abuse of the immigration benefit system. This in turn places various risks on our National Security as well as harms the spouse/sponsor and therefore the public. The only method to ensure a proceeding is held properly and adjudicated fairly is for all parties, with the potential to be adversely affected, to be enjoined and informed of all proceedings as well as allowed to participate in those proceedings.

Other Legal Issues:

Spouses and sponsors are being denied information relating to the I-864 contract they entered into with the Federal Government. When DHS terminated a conditional residency, it also terminates the “consideration” for the I-864 contract. DHS’ refusal to inform spouses and sponsors of the termination of the “consideration” for their contract appears to be an effort to hide a breach of that contract.