As of August 26, USCIS has paused the granting of Applications for Parole in Place for Noncitizen Spouses and Stepchildren of U.S. Citizens. Due to a court order from the U.S. District Court, Eastern District of Texas, USCIS may not approve or adjudicate Form I-131F, PIP applications, although it is still accepting them.

In Texas v. Department of Homeland Security, Case Number 24-cv-306, the court administratively stayed DHS from granting PIP under Keeping Families Together for 14 days. The court may extend the period of this administrative stay for additional periods through mid-October.

The court order resulted from Plaintiff States requesting a temporary restraining order and stay of agency action to roll out the program.

Related resources:

USCIS Implements Form I-131F, Application for Parole in Place for Certain Undocumented Spouses and Stepchildren of U.S. Citizens

USCIS Expected to Start Accepting Parole in Place Applications on August 19

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This content provides general information and is for educational purposes only. Do not consider it as legal advice for any individual case or situation. U.S. immigration laws, regulations and policies are subject to change. The sharing or receipt of this information does not create an attorney-client relationship.

Email: info@dyanwilliamslaw.com
Website: www.dyanwilliamslaw.com

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On June 18, the Biden Administration announced a “Parole in Place” plan to allow certain undocumented spouses and children of U.S. citizens to apply for permanent residence within the U.S., instead of needing to depart for Immigrant Visa processing. "The Fact Sheet: President Biden Announces New Actions to Keep Families Together" provides basic information on the program, which the Administration says will promote family unity.

The exact application process – such as required forms, filing fee and documentary evidence – has yet to be decided. Until a proposed rule is published in the Federal Register and public comments are accepted and reviewed, it will not go into effect as a final rule. USCIS will reject any filings related to this process received before the official start date, which might begin in late summer 2024.

In episode 16 of The Legal Immigrant, you will learn:

2:17 Who Will Benefit from the Parole in Place Program?
3:42 How Will the Parole in Place Program Expand Who May Apply for Adjustment to Permanent Residence?
5:24 What are the Advantages of the Parole in Place Plan?
7:58 What are the Limitations of the Parole in Place Plan?
10:54 How Will the Parole in Place Program Take Effect?

For more on the I-485 adjustment of status application process, see:

Who is Eligible (and Not Eligible) for Adjustment to Permanent Resident Status?

Adjusting to Permanent Resident Status Under INA 245(a): Bars, Exceptions and Exemptions

A Key Requirement for I-485 Adjustment of Status: Inspection and Admission OR Inspection and Parole

Consult a qualified U.S. immigration attorney to discuss any potential Parole in Place benefits that may apply to you. This is NOT new law. Currently, it is a proposed program by Executive Action, which will not go into effect until it is published as a final rule in the Federal Register.

Beware of “notarios” and other consultants who make false promises to get you to pay them fees. If you rely on bad advice, you could put yourself in a worse position to legalize your U.S. immigration status and might further end up in removal (deportation) proceedings.

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This content provides general information and is for educational purposes only. Do not consider it as legal advice for any individual case or situation. U.S. immigration laws, regulations and policies are subject to change. The sharing or receipt of this information does not create an attorney-client relationship.

Website: www.dyanwilliamslaw.com
Email: info@dyanwilliamslaw.com

Subscribe to The Legal Immigrant e-newsletter at:
https://bit.ly/33JyL4b

A Canadian citizen wished to enter the U.S. to reunite with his U.S. citizen parents and sibling. But a decade-old conviction for Conspiracy to Import Ecstasy into the U.S. and his deportation, which followed his release from prison, barred him on four inadmissibility grounds:

1) INA 212(a)(2)(a)(i)(I) (crime involving moral turpitude)
2) INA 212(a)(2)(A)(i)(II) (controlled substance violation)
3) INA 212(a)(2)(C) (controlled substance trafficking)
4) INA 212(a)(9)(A)(ii) (removal order with aggravated felony conviction)

With two consultations and, eventually, representation from Dyan Williams Law, the former green card holder received Form I-212 (Consent to Reapply for Admission) and Form I-192 (212(d)(3) waiver) approvals to make temporary U.S. visits.

This is a true success story at Dyan Williams Law.

The Legal Immigrant provides general information and is for educational purposes only. Do not consider it as legal advice for any individual case or situation. U.S. immigration laws, regulations and policies are subject to change. The sharing or receipt of this information does not create an attorney-client relationship.