USCIS Announces It Will Violate the Law
Back to accepting incomplete applications filed only to gain work permits
By Robert Law on April 2, 2021
Another day, another instance of the Biden political appointees at the Department of Homeland Security ignoring laws that they dislike.
Instead of going through notice and comment rulemaking, as required under the Administrative Procedure Act, to revise regulations, or getting Congress to pass legislative changes, the Biden administration seems to believe it can unilaterally create its preferred immigration system with impunity. The most recent example was yesterday’s announcement by U.S. Citizenship and Immigration Services (USCIS) that it will allow applicants to submit incomplete applications.
To a casual observer this might not sound like a big deal, but it is.
The requirements for properly filing applications and petitions are clearly spelled out in Title 8 of the Code of Federal Regulations (CFR). Specifically, 8 CFR 103.2 says:
§ 103.2 Submission and adjudication of benefit requests.
(a) Filing -
(1) Preparation and submission. Every form, benefit request, or other document must be submitted to DHS and executed in accordance with the form instructions regardless of a provision of 8 CFR chapter I to the contrary. The form's instructions are hereby incorporated into the regulations requiring its submission. Each form, benefit request, or other document must be filed with the fee(s) required by regulation. All USCIS fees are generally non-refundable regardless of if the benefit request or other service is approved, denied, or selected, or how much time the adjudication or processing requires. Except as otherwise provided in this chapter I, fees must be paid when the request is filed or submitted.
https://cis.org/Law/USCIS-Announces-It-Will-Violate-Law
