USCIS May Disclose Certain Criminal History of Family Sponsor
Posted May 26, 2006
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The U.S. Citizenship and Immigration Services (USCIS) issued a memo on May 3, 2006, that directs adjudicators to discuss with their supervisors certain information that may reveal to a beneficiary the criminal background of his or her family-based sponsor. The Memo notes that, generally, details about a sponsor cannot be revealed to the beneficiary. It indicates, however, that there is an exception if such information may affect the health and safety of the beneficiary. This would generally include information that the sponsor is on the national sex offender registry.
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Beneficiary Notified Personally by USCIS
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If there is a determination that the beneficiary should be notified, the beneficiary will generally be asked to attend an in-person interview at a district office or a USCIS office overseas. Once the information is disclosed to the beneficiary, the adjudicator may delay the adjudication of the I-130 petition to give the beneficiary time to reconsider whether s/he still wishes to be sponsored. The beneficiary should take the time to weigh all options and may wish to seek professional advice. Even if the beneficiary indicates that s/he intends to stay with the sponsor, there is still a risk that the adjudicator will deny the petition. Therefore, it is important to understand all legal and immigration options prior to informing the adjudicator of one's final decision regarding intent.
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USCIS will Notify DOS by Notation on File
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If the beneficiary is abroad and the I-130 petition is approved, the USCIS will notate the file for the Department of State (DOS) to complete the processing of the case. The DOS is expected to issue separate guidance on how they will handle these types of situations.
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Open All Mail Addressed to You
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We at the Murthy Law Firm recommend that everyone, especially those seeking immigration benefits, always open any mail addressed to him/her, particularly if it is from the U.S. government. While the majority of marriages are legitimate and do not include an abusive partner, the possibility that a partner is hiding information may exist. Opening one's own mail, and an awareness of all mail that comes to one’s address, limits a partner's ability to control the flow of information. The USCIS cannot disclose information personally to a beneficiary if that beneficiary does not appear for the scheduled interview, and the individual may not know to appear unless s/he receives his/her own mail.
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Conclusion
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We at the Murthy Law Firm appreciate the USCIS's attempts to protect the health and safety of beneficiaries or those seeking benefits under U.S. immigration law. We encourage the USCIS to point such beneficiaries to professionals who can assist them in making careful decisions based on the law and the facts, carefully considering their safety and the possible vulnerability of their circumstances. We also urge the USCIS to provide these beneficiaries with enough time before denying an I-130 petition, so all their immigration options may be discussed and explored. Denying the I-130 petition may leave such a dependant spouse more vulnerable and more dependant upon the sponsor, as there would be no way to obtain the financial resources to make the appropriate decisions to keep oneself safe.