Departments Working Together to Ensure Timely Adjudication of Petitions for Immediate Relatives in Removal

The United States Citizenship & Immigration Service (USCIS) and Immigration & Customs Enforcement (ICE); both divisions of the United States Department of Homeland Security (DHS) have issued memoranda indicating a commitment to work together in the adjudication of Immediate Relative petitions for individuals in removal proceedings. USCIS has agreed to adjudicate petitions for individuals who are detained in 30 days, and 45 days for nondetained foreign nationals.

This move represents recognition between the departments that adjudication and completion of cases is an efficient, timely manner requires the participation of both divisions and that communication between the two is paramount to case completion. Since the Legacy Immigration & Naturalization Service was dissolved and the Department of Homeland Security formed there are now three different agencies that have authority over foreign nationals coming into the United States as well as their presence here. While this has served to decrease adjudication times in some instances, it has become more difficult in some instances for individuals in removal proceedings to complete their cases, causing considerable delays. USCIS has jurisdiction over all immigrant petitions, and the Executive Office for Immigration Review (EOIR) cannot adjudicate an adjustment of status application until the petition has been approved. Generally ICE will have the file because they are the enforcement division and therefore communication between ICE and USCIS is key in ensuring adjudication on these petitions.

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