USCIS approved the Form I-129F, K-1 fiancé petition of our U.S. citizen client, after issuing a Notice of Intent to Deny it under INA 204(c). In the NOID, USCIS claimed her foreign national fiancé entered a prior sham marriage to a Form I-485 green card applicant solely to gain permanent residence as a derivative beneficiary. After receiving our Response to the NOID, USCIS vacated the 204(c) charge and approved the petition.

Still, the U.S. Consulate refused the K-1 visa under INA 212(a)(6)(C)(i) and instructed the applicant to file for an I-601 waiver. Ten days after receiving our Motion to Reconsider the Inadmissibility Finding, the U.S. Consulate rescinded the (6)(C) refusal and then granted the visa.

It took 6 years for the applicant to receive his permanent residence from the time the Form I-129F petition was filed with USCIS. This long and complicated U.S. immigration journey is a true success story for the clients and Dyan Williams Law.

Website: https://dyanwilliamslaw.com/​
Email: info@dyanwilliamslaw.com

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.

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

On September 19, President Trump signed a Proclamation restricting the entry of certain H-1B workers into the United States, unless the Form I-129 (H-1B) petition was accompanied by a $100,000 fee from the employer. The restriction is effective as of September 21, and will expire in 12 months, absent an extension from the Trump Administration.

How will this be implemented? Will there be federal court litigation to stop it? That's what we don't yet know. But in this video, you will learn what we do know, so far.

Related article: Trump’s $100,000 Fee in New H-1B Petitions: What We Know (So Far) | Dyan Williams Law PLLC

Website: https://dyanwilliamslaw.com/​
Email: info@dyanwilliamslaw.com

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

# # #

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

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