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Articles Posted in Parole in Place

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ai-generated-8489042_1280New details have emerged relating to a pending lawsuit before the U.S. District Court for the Eastern District of Texas known as  Texas et. al. vs. DHS et. al., Case No. 6:24-cv-00306 (E.D. Tex.), which is currently blocking the approval of applications filed under the Biden administration’s parole in place program.

Litigation Updates

On August 26th eleven individual intervening parties who stood to benefit from the parole in place program filed a motion to intervene in the Texas lawsuit.

Thereafter, on September 3rd the Texas district court judge denied the motion to intervene. As a result, the intervening parties filed an appeal before the U.S. Court of Appeals for the Fifth Circuit claiming the lower court’s denial of the motion to intervene was unjustified.

On September 11th  the Fifth Circuit Court ordered the lower court to freeze all proceedings until they have had the opportunity to hear the intervenors appeal.

A hearing date of October 10th has been set and the court has said that no further action can be taken in the lower court until that date.

The appellate court’s order states as follows, “Meaning no criticism of the district court’s recognition of the need for prompt resolution, this panel must have an opportunity to consider the merits briefs, scheduled to be received by September 16, and to hear argument on the appeal of the denial of intervention. Accordingly, we administratively STAY proceedings in the district court pending a decision on the merits or other order of this court. The stay issued by the district court will remain in effect pending further order of this court.”

What does this mean for parole in place applications?

In the meantime, USCIS can continue accepting and processing parole in place applications under the Keeping Families Together program, but it cannot approve cases until further notice.

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judgment-8442199_1280We have new developments to report relating to pending litigation for parole in place applications in the case Texas et. al. vs. DHS et. al., Case No. 6:24-cv-00306 (E.D. Tex.).

Yesterday evening, federal Judge J. Campbell Barker of the Eastern District Court of Texas issued a court order extending his previous administrative stay on parole in place (PIP) approvals for an additional 14-day period expiring on September 23, 2024.

The judge’s initial stay (of August 26th), which was set to expire on September 9, 2024, will now continue through September 23rd.

What does this mean for parole in place applications?

While the administrative stay is in place, those eligible for parole in place under the Keeping Families Together program can continue to submit the online Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens with the U.S. Citizenship and Immigration Services (USCIS).

USCIS will also continue to issue biometrics appointment notices to capture applicant biometrics during the administrative stay.

However, USCIS is prohibited from approving applications received for as long as the administrative stay is in place (currently until September 23rd)

This is because the Texas lawsuit challenges the legality of the Keeping Families Together program and approvals must be paused while the parties in the case make their arguments before the court, and a final ruling is made.

What’s next in the Texas lawsuit?

The court has ordered an accelerated hearing where motions for preliminary and permanent relief will be heard on September 18th.  The accelerated proceedings in this case mean that the judge could make a decision on the merits of the case in the coming months. However, despite the outcome in this case appeals are likely to be filed in district court.

Can the judge extend the administrative stay past September 23rd?

Yes. The judge may decide to extend the administrative stay past September 23rd in the future if it finds that good cause exists to do so throughout the litigation process.

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Parole in Place – Keeping Families Together Updates

As previously reported, a federal judge in Texas has temporarily blocked the Biden administration from approving parole requests under the Keeping Families Together program.

What does this mean for parole in place applications?

Due to a 14-day administrative stay handed down by District Court Judge J. Campbell Barker on August 26, 2024, in the case, Texas v. Department of Homeland Security, the U.S. Citizenship and Immigration Services (USCIS) cannot approve parole in place applications filed under the Keeping Families Together program.

The order may be extended by the judge at the conclusion of the 14-day period.

USCIS has stated on its webpage that during the district court’s administrative stay, USCIS will:

USCIS also reminds the public that the administrative stay does not affect any parole in place applications that were approved before the court’s administrative stay order was issued at 6:46 p.m. Eastern Time on August. 26, 2024.

Those who are eligible must consult with an immigration attorney as soon as possible to determine whether to proceed with applying for parole in place while applications are still being accepted by USCIS.

For more information about this lawsuit, please click here.

EB-1 Visa Updates

Recently, the State Department confirmed that all numbers in the EB-1 preference category have been utilized for fiscal year 2024 and that no further EB-1 visas/green cards will be issued for the remainder of this fiscal year which ends on September 30, 2024.

It is also foreseeable that the EB-2 and EB-4 categories will become unavailable in the near future.

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IMPORTANT ALERT: On August 26, 2024, the United States District Court for the Eastern District of Texas, in Texas v. Department of Homeland Security, Case Number 24-cv-306 administratively stayed DHS from granting parole in place under Keeping Families Together for 14 days; the District Court might extend the period of this administrative stay.

While the administrative stay is in place, USCIS will:

  • Not grant any pending parole in place requests under Keeping Families Together.
  • Continue to accept filings of Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens.

The District Court’s administrative stay order does not impact parole applications that were approved before the administrative stay order was issued by the court.

WARNING:

The court expects that good cause may exist to extend the administrative stay for additional periods through mid-October. The court is also scheduled to decide whether the plaintiff’s Motion for a Temporary Restraining Order, Preliminary Injunction, and Summary Judgment will be issued during the month of October.

Immediate Call to Action

If you are eligible for parole in place under the Keeping Families Together program, you must take immediate action and submit the online application Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, as soon as possible before time runs out. A court order may soon prohibit USCIS from accepting applications for parole in place. For assistance with your application, contact us at 619-819-9204 or text 619-569-1768 for a consultation. 

gavel-7233485_1280We bring you this breaking news to announce that on Friday, August 23, 2024, Texas along with 15 other Republican-led states filed a lawsuit in the U.S. District Court for the Eastern District of Texas, seeking to invalidate the parole in place program established by President Biden’s June executive order.

The U.S. Citizenship and Immigration Services (USCIS) began accepting applications for parole in place on Monday August 19th to keep families of U.S. Citizens together. This program allows certain undocumented spouses and stepchildren of U.S. Citizens who entered the country without inspection, to legalize their status without departing the United States.

Those eligible can apply for parole in place using the new online Form I-131F, and if approved, are given three years to apply for temporary work authorization and permanent residency. The administration estimates about 500,000 people could be eligible, plus about 50,000 of their children.

The program is meant to eliminate the need for such individuals to go through the cumbersome extreme hardship “waiver” process, which requires undocumented spouses of U.S. Citizens to receive an approved waiver from USCIS, before applying for an immigrant visa at a U.S. Consulate abroad.

Unfortunately, the Republican-led coalition is seeking to put an end to the program claiming that the Biden administration has abused their power in creating it. These states argue that only Congress has the authority to enact legislation that would authorize a program like parole in place.

Court filings also accuse the Biden administration of unlawfully creating a pathway to permanent residency for these individuals solely for political purposes, due to the fast-approaching presidential election.

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beach-4455433_1280In this blog post, we discuss what undocumented spouses and stepchildren of U.S. Citizens can expect after applying for Parole in Place using the new USCIS online application called Form I-131F.

What to Expect After Filing Form I-131F Parole in Place

Once you have properly submitted the Form I-131F using your myUSCIS online account, you will receive a I-797 receipt notice from USCIS by mail as proof that your application was submitted. This receipt notice will contain your receipt number which you can use to track your case on the USCIS case tracker.

Please note that the receipt notice can also be accessed on your myUSCIS portal

The Biometrics Appointment

Several weeks after filing Form I-131F, you will receive a biometrics appointment notice, which will indicate the date, time, and location where you must appear for USCIS to collect your fingerprints, photographs, and a signature.

Your biometrics information will be used to run a background check for criminal history, verify your identity and, and to prepare certain immigration documents (for example, an Employment Authorization Document also known as a work permit).

If USCIS has collected your biometrics information in the past, it is possible that they will reuse such information. If that is the case, USCIS will notify you via your myUSCIS online account and send you a notice by mail.

Receiving a Decision

Those who meet the eligibility criteria for parole in place under the Keeping Families Together program, will receive a discretionary grant of parole for a 3-year period.

As part of the decision-making process, USCIS will take into consideration various factors to determine whether a favorable exercise of discretion is warranted in your case such as:

  • Your criminal history
  • The existence of removal proceedings
  • Unexecuted final removal orders
  • The results of background checks, including national security and public safety vetting Positive and adverse factors presented
  • Any other relevant information available to or requested by USCIS.

Those who have any disqualifying criminal history or are found to be a threat to national security, public safety, or border security, may be denied for parole in place.

Factors such as pending criminal charges will make you ineligible for parole in place while the charge remains pending. Certain criminal convictions can also make you ineligible for parole in place under this process.  Please discuss any criminal records with an experienced immigration attorney before filing Form I-131F.

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family-1150995_1280Recientemente, el Servicio de Ciudadanía e Inmigración de los Estados Unidos (USCIS) ha proporcionado nuevos detalles sobre el permiso de permanencia temporal para cónyuges e hijastros indocumentados de ciudadanos estadounidenses, también conocido como “Manteniendo a las familias unidas.”

USCIS comenzará a aceptar solicitudes en línea para “permanencia temporal,” el 19 de agosto de 2024, utilizando un nuevo formulario electrónico llamado Formulario I-131F, solicitud de permanencia temporal para ciertos cónyuges e hijastros de ciudadanos estadounidenses. El formulario no estará disponible para enviarse por correo. USCIS le recuerda al público que cualquier solicitud recibida antes del 19 de agosto será rechazada.

Los solicitantes deben tener en cuenta que información adicional sobre el proceso de solicitud, y otra información clave se detallará en una próxima notificación del Registro Federal. 

Requisitos de elegibilidad para la I-131F Permanencia Temporal

 Un cónyuge o hijastro de un ciudadano estadounidense puede solicitar el permiso de permanencia temporal bajo este proceso si:

  • Están presentes en los Estados Unidos sin admisión ni permiso de permanencia temporal.
  • Han estado continuamente presente físicamente en los Estados Unidos:
    • Desde al menos el 17 de junio de 2014, si busca la permanencia temporal como cónyuge de un ciudadano estadounidense; O
    • A partir del 17 de junio de 2024, si busca la permanencia temporal como hijastro de un ciudadano estadounidense

Y tambien tiene:

  • Un matrimonio legalmente válido con un ciudadano estadounidense desde el 17 de junio de 2024, si busca la permanencia temporal como cónyuge de un ciudadano estadounidense; O
  • Un padre que tuvo un matrimonio legalmente válido con un ciudadano estadounidense desde el 17 de junio de 2024, y antes que el hijastro cumpliera 18 del años, si busca permanencia temporal como hijastro de un ciudadano estadounidense.
  • No tiene antecedentes penales que lo descalifiquen; y
  • No representa una amenaza para la seguridad nacional y la seguridad pública.

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family-1150995_1280New details have recently been provided by the U.S. Citizenship and Immigration Services (USCIS) regarding the Parole in Place application process for undocumented spouses and stepchildren of U.S. Citizens, also known as “Keeping Families Together.”

USCIS will begin accepting online applications for Parole in Place on August 19, 2024, using a new electronic form called Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. The form will not be available to file by mail.

USCIS reminds the public that any PIP applications received prior to August 19th will not be accepted.

Applicants should be aware that complete details about the parole application process will soon be posted in the Federal Register.

I-131F Parole in Place Eligibility Requirements

A noncitizen spouse or stepchild of a U.S. citizen may request parole in place under this process if they:

  • Are present in the United States without admission or parole
  • Have been continuously physically present in the United States:
    • Since at least June 17, 2014, if seeking parole in place as the spouse of a U.S. citizen; OR
    • As of June 17, 2024, if seeking parole in place as the stepchild of a U.S. citizen

And they have:

  • A legally valid marriage to a U.S. citizen as of June 17, 2024, if seeking parole in place as the spouse of a U.S. citizen; OR
  • A parent who had a legally valid marriage to a U.S. citizen on or before June 17, 2024, and before the stepchild’s 18th birthday, if seeking parole in place as the stepchild of a U.S. citizen
  • No disqualifying criminal history; and
  • Do not pose a threat to national security and public safety

Individuals who are granted parole under this process will receive parole for a 3-year period from the date of approval.

As long as your parole remains valid, you will be considered in a period of authorized stay, and you will be permitted to apply for adjustment of status to lawful permanent resident (a green card) by filing Form I-485 with USCIS.

Individuals granted parole are also immediately eligible to apply for an Employment Authorization Document (EAD) from USCIS and can do so by submitting a completed Form I-765, Application for Employment Authorization, using the (c)(11) category code.

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family-1266188_1280We are pleased to provide our readers with important new updates regarding President Biden’s recent executive order that creates a pathway to permanent residency for undocumented spouses of U.S. Citizens who have been living in the U.S. for at least 10 years, as of June 17, 2024.

Those who qualify can apply for “parole in place” a new discretionary program to legalize their status while remaining in the United States.

This program is designed to promote family unity, while eliminating the need for undocumented spouses of U.S. Citizens to travel outside the United States to legalize their status through the extreme hardship “waiver” process.

Eligibility Requirements

To be considered for a discretionary grant of parole, spouses of U.S. citizens must:

  • Be present in the United States without admission or parole (entered without inspection);
  • Have been continuously present in the United States for at least 10 years as of June 17, 2024;
  • Have a legally valid marriage to a U.S. citizen as of June 17, 2024;
  • Not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety; and
  • Otherwise merit a favorable exercise of discretion.

Noncitizen children are also eligible for parole if, as of June 17, 2024, they were physically present in the United States without admission or parole and have a qualifying stepchild relationship with the U.S. citizen.

For complete details regarding the program, please visit our parole in place webpage here.

What We Know

Although we do not yet know what forms must be filed along with the associated filing fees, USCIS has announced that it will begin accepting parole applications on August 19, 2024.

More information about the application process and filing fees will soon be published in a forthcoming Federal Register notice. We will provide those details on our blog as soon as they are available.

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Source: Flickr Creative Commons Attribution Gage Skidmore

A estas alturas ya habrás visto los titulares de las noticias. Ahora analicemos la nueva acción ejecutiva histórica del Presidente Biden sobre inmigración y vayamos al meollo de todo lo que necesitas saber sobre esta orden diseñada para mantener unidas a las familias y brindar más oportunidades a los Dreamers.

Proceso para Promover la Unidad y Estabilidad de las Familias– Legalización de cónyuges Indocumentados de Ciudadanos Estadounidenses

Hoy, 18 de junio de 2024, el Presidente Biden anunció un nuevo proceso que permitirá la protección y legalización de los cónyuges indocumentados de ciudadanos estadounidenses que hayan residido en los Estados Unidos durante al menos diez años a partir del 17 de junio de 2024.

En virtud de la autoridad ejecutiva del Presidente, el Departamento de Seguridad Nacional (DHS), en coordinación con los Servicios de Ciudadanía e Inmigración de los Estados Unidos (USCIS), crearán un nuevo programa discrecional de “permanencia temporal” para que los cónyuges indocumentados de ciudadanos estadounidenses legalicen su estatus mientras permaneciendo en los Estados Unidos.

Aquellos que sean aprobados después de la evaluación caso por caso de su solicitud por parte del DHS tendrán un período de tres años para solicitar la residencia permanente. A los elegibles se les permitirá permanecer con sus familias en los Estados Unidos y ser elegibles para una autorización de trabajo por hasta tres años.

Las personas deben cumplir ciertos requisitos de elegibilidad para convertirse en residentes permanentes legales (titulares de tarjeta verde) bajo este nuevo proceso,

A continuación se encuentran respuestas a preguntas frecuentes sobre esta orden ejecutiva.

Q: ¿Cuáles son los requisitos para que los cónyuges sean elegibles para solicitar el permiso de permanencia temporal y legalizar su estatus en los Estados Unidos?

Para ser considerado caso por caso para una concesión discrecional de permiso de permanencia temporal en virtud de este proceso, una persona debe:

  • Estar presente en Estados Unidos sin admisión ni permiso de permanencia temporal;
  • Haber estado presente continuamente en Estados Unidos durante al menos 10 años a partir del 17 de junio de 2024; y
  • Tener un matrimonio legalmente válido con un ciudadano estadounidense a partir del 17 de junio de 2024
  • No tener antecedentes penales que lo descalifiquen o de otra manera constituir una amenaza a la seguridad nacional o la seguridad pública y
  • Merecer un ejercicio favorable de discreción para recibir permiso de permanencia temporal

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Source: Flickr Creative Commons Attribution Gage Skidmore

By now you’ve seen the headlines in the news. Now let us break down President Biden’s historic executive action on immigration and get to the nitty gritty of everything you need to know about this order designed to keep families together and provide further opportunities for Dreamers.

Process to Promote the Unity and Stability of Families – Legalization of Undocumented Spouses of U.S. Citizens

Today, June 18, 2024, President Biden announced a new process that will allow for the legalization of undocumented spouses of U.S. Citizens who have been residing in the United States for at least ten years as of June 17, 2024.

By virtue of the President’s executive authority, the Department of Homeland Security (DHS) in coordination with the U.S. Citizenship and Immigration Services (USCIS) will create a new discretionary “parole in place” program for undocumented spouses of U.S. Citizens to legalize their status while remaining in the United States.

Those who are approved after DHS’s case-by-case assessment of their application will be afforded a three-year period to apply for permanent residency. They will be allowed to remain with their families in the United States and be eligible for work authorization for up to three years.

Individuals must meet certain eligibility requirements to become lawful permanent residents (green card holders).

Below are answers to frequently asked questions regarding this executive order. 

Q: What are the requirements for spouses to be eligible to apply for parole and legalize their status in the United States?

To be considered for a discretionary grant of parole in place under this process, spouses of U.S. Citizens must:

  • Be present in the United States without admission or parole;
  • Have been continuously present in the United States for at least 10 years as of June 17, 2024; and
  • Have a legally valid marriage to a U.S. citizen as of June 17, 2024
  • Have no disqualifying criminal history or otherwise constitute a threat to national security or public safety and
  • Merit a favorable exercise of discretion to receive parole

Q: Are Noncitizen Children of Undocumented Spouses eligible for parole?

Yes. In addition to undocumented spouses of U.S. Citizens, their noncitizen children may also be considered for parole on a case-by-case basis under this process along with their parent, if they are:

  • Physically present in the United States without admission or parole and
  • Have a qualifying stepchild relationship with a U.S. citizen parent as defined by the Immigration and Nationality Act as of June 17, 2024

To qualify as a stepchild under the Immigration and Nationality Act, the noncitizen child must be unmarried, under the age of 21, and the marriage of their noncitizen parent and U.S. citizen stepparent must have taken place prior to the child’s 18th birthday.

Q: How is this new parole program different from the current laws in place?

This new “parole in place” program will eliminate the need for spouses of U.S. Citizens to travel outside of the United States to legalize their status through what is known as an extreme hardship “waiver” process.

The “waiver” process is an extremely cumbersome and lengthy process that requires the undocumented spouse to depart the United States and be interviewed and approved for an immigrant visa overseas. Only once the visa is issued can the applicant return to the United States.

This process has unnecessarily torn families apart and created much fear and uncertainty among applicants forced to remain away from their families for prolonged periods of time. Many applicants are the sole providers for their families and take care of children with disabilities, making this process extremely difficult to bear.

This executive action will instead open a pathway to permanent residence by allowing eligible undocumented spouses of U.S. Citizens to adjust their status to permanent residence while in the United States, without requiring them to depart the country.

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