HOW TO CUT THE BACKLOG
When an Immigration Judge issues an Order of Removal (Deportation), the person has a right to appeal to a higher court – the Board of Immigration Appeals (BIA), in Washington, DC. (Actually – near Washington.)
Since there are many Orders of Removal, there are also many Appeals to the BIA. The result is that it takes years for the BIA to make decisions on any appeal. But we can expect the number of appeals to be reduced.
As of next month, the Filing Fee for a BIA appeal will be increased from $110 to $975, and Filing Fee for a Motion to Reopen to the BIA will rise to $895 from $110.
The BIA’s backlog will probably be reduced.
EXTENSIONS TO FILE
USCIS announced the grant of automatic extensions of certain deadlines:
a) Responses to Requests for Evidence (RFE) and to Notices of Intent to Deny (NOID), will be accepted if received up to 60 days after the deadline date specified on the request or notice;
b) Filing of appeals or motions will be accepted if received up to 60 days from date of issuance of the decision which is appealed.
These extensions apply only to requests, notices and decisions issued between 3/1/2020 and 1/31/2021.
Warning: These extension do not apply to applications to extend stay or to change status.
In Absentia means “in the absence”. In absentia order of Removal is when an Immigration Judge orders the Removal (Deportation) of somebody in their absence – when they do not appear in Immigration Court as scheduled. How can this happen?
One of the reasons is that the “in absentia” person gave the government a wrong address. Or that the address was correct when given, but the person moved and did not update his address with the USCIS or the Immigration Court.