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

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.

# # #

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.

If you were convicted of or admit to committing a drug offense, this subjects you to a permanent bar from the United States. This means you will not be eligible to receive a U.S. visa or admission to the U.S. on crime-related and perhaps health-related grounds. There are, however, exceptions to the rule.

That said, is Prince Harry’s U.S. visa subject to revocation due to his public admission to illicit drug use? He does this in his memoir book Spare and in several media interviews. While this might be no big deal for the Duke of Sussex, such public admissions would typically carry high U.S. immigration risks.

In episode 14 of The Legal Immigrant, you will learn 4 tips to consider in dealing with the U.S. immigration consequences of a controlled substance violation.

0:00 Introduction
1:01 Heritage Foundation sues DHS to obtain copy of Prince Harry, Duke of Sussex's U.S. immigration records
2:22 Possible visa options for Prince Harry, Duke of Sussex
4:40 Tip #1 - Verify whether this is a conviction for or admission to committing the essential elements of a specific drug offense
4:56 Definition of a "conviction" for a drug offense under U.S. immigration law
6:09 Definition of an "admission" to a drug offense under U.S. immigration law
8:47 Definition of a "controlled substance" under U.S. federal law
11:18 Lying about a material fact on a visa application may lead to a finding of fraud or willful misrepresentation to obtain U.S. immigration benefits, which is a permanent bar under INA 212(a)(6)(C)(i)
11:53 Tip #2 - Consider the applicant's age at the time of the drug offense
13:13 Tip #3 - Be aware of the separate, health-related inadmissibility bar related to drug use, under INA 212(a)(1)(A)(iv)
14:04 Tip #4 - Confirm eligibility for a waiver if you are found inadmissible due to a controlled substance violation or due to your being identified as a drug abuser or addict
14:37 Section 212(d)(3) nonimmigrant waiver for nonimmigrants who are found inadmissible due to drug offenses or due to being identified as a current drug abuser or addict
14:50 Factors considered in 212(d)(3) nonimmigrant waiver requests
15:27 Section 212(h) of the INA provides a waiver for immigrants who are found inadmissible for drug offenses in only one situation: that is, a single conviction or legal admission to committing one controlled substance offense that involves possession of marijuana, 30 grams or less
16:03 Eligibility requirements in Form I-601/INA 212(h) immigrant waiver requests
16:48 No immigrant waiver if you are if you are identified as a current drug abuser or addict and found inadmissible on health-related grounds under INA 212(a)(1)(A)(iv). You may, however, overcome this inadmissibility if the drug abuse or addiction is found to be in remission.

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.

Contact Form on Website: https://dyanwilliamslaw.com/​
Email: info@dyanwilliamslaw.com

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

Five years after being found inadmissible under INA 212(a)(6)(C)(i), our client finally received her Immigrant Visa to join her U.S. citizen spouse in the United States. Consistent with normal processing time, USCIS took 10 months to approve her Form I-601 application for waiver of inadmissibility, which we prepared and filed on her behalf. But due to the U.S. Consulate’s administrative delays and a Presidential Proclamation suspending entries from the client’s home country, it took almost three more years for her to get the visa.

In episode 13 of The Legal Immigrant, you will learn:

1) The U.S. immigration problem when you have a permanent bar under INA 212(a)(6)(C)(i), i.e., fraud or willful misrepresentation of material fact to obtain a U.S. immigration benefit.

2) The two main solutions to receive an Immigrant Visa or green card (permanent residence) when you have a section 212(a)(6)(C)(i) inadmissibility bar:

a) A motion to reconsider requires you to have a factual basis, legal ground, and procedural means to get the bar removed.

b) Form I-601 waiver application under INA 212(i) requires you to have a "qualifying relative" who will face "extreme hardship" if you do not immigrate to the United States.

• A qualifying relative is the U.S. citizen or permanent resident spouse or parent of the applicant.
• Extreme hardship must result to the qualifying relative if that person stays in the U.S. without the applicant or relocates to another country to be with the applicant.

3) The type of documentary evidence and legal argument that are required to receive an I-601 waiver. This includes medical records on any chronic medical conditions the U.S. citizen spouse (or other qualifying relative) suffers, and reports on lack of medical resources in the visa applicant's home country.

4) The outcome of a true success story, which included more obstacles and long delays after the I-601 was approved. Due to the U.S. Consulate's 221(g) administrative processing and a 212(f) Presidential Proclamation suspending entries from certain countries, it took almost three more years for the applicant to get the Immigrant Visa.

The couple remained committed to one another despite their separate residences and long-distance relationship. Our client finally became a permanent resident after she was initially refused the visa under INA 212(a)(6)(C)(i).

This is a true success story at Dyan Williams Law.

Read the transcript.
Watch the YouTube video.

The Legal Immigrant provides general information only from Dyan Williams Law. Do not consider it as legal advice. Each case is different. Even cases that seem similar can have different outcomes.

Have you been charged with fraud or misrepresentation? If you’re applying for an immigrant visa or permanent residence and have this lifetime bar, you need an I-601 waiver. Otherwise, if the bar was made in error, you might be able to get it removed through a motion to reconsider.

To receive advice on fraud or misrepresentation issues, you may submit an email to info@dyanwilliamslaw.com or online message at www.dyanwilliamslaw.com.

The CDC has a new requirement that will affect all green card applicants. Starting October 1, 2021, intended immigrants must receive full doses of the COVID-19 vaccine to immigrate to the U.S. This new requirement affects eligibility for permanent residence on health-related grounds.

COVID-19 has been added as a Class A medical condition that bars a person from the United States. Class A inadmissibility includes a communicable disease of public health significance per regulations under the Department of Health and Human Services; and a failure to present documentation of having received vaccinations against vaccine-preventable diseases.

As of October 1st, the COVID-19 vaccine will be among the vaccines required for applicants to obtain lawful permanent residence, either through the I-485 green card application with USCIS or through an Immigrant Visa application at the U.S. Embassy.

Section 212(a)(1)(A)(ii) of the Immigration and Nationality Act states applicants for permanent residence must present proof that they are vaccinated against vaccine-preventable diseases, which include mumps, measles, rubella, polio, tetanus and influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices.

In episode 12 of The Legal Immigrant, you will learn:

1) The ACIP has now recommended COVID-19 vaccination for the age-appropriate, general US population. The CDC says this means the COVID-19 vaccination is now required to immigrate to the U.S.

2) The CDC does not recognize natural immunity. Its instructions state, “Laboratory tests for COVID-19 immunity must not be used for the civil surgeon exam. The applicant is required to receive the vaccine series regardless of evidence of immunity or prior COVID-19 infection.”

3) What is an acceptable COVID-19 vaccination and proof of vaccination

4) What is the COVID-19 vaccination requirement

5) What are the exemptions to the vaccination requirement: blanket waiver and individual waiver

6) If an applicant refuses one or more doses of a COVID-19 vaccine series and is not eligible for a waiver of this requirement, the civil surgeon will document the vaccine requirements as incomplete. On health-related grounds, the applicant will be deemed inadmissible for a Class A condition and will be found ineligible for permanent residence.

7) As of August 12, 2021, USCIS temporarily extended the validity period for Form I-693 from two years to now four years. For decisions on Form I-485 green card applications issued on or before September 30th, 2021, USCIS may accept an otherwise valid Form I-693 if:

• The civil surgeon’s signature is dated no more than 60 days before the applicant filed the I-485; and
• No more than four years have passed since the date of the civil surgeon’s signature

8) If you have weighed the risks and benefits, and do not want to take the COVID-19 vaccine for U.S. immigration purposes, you will have to get a completed medical exam report before October 1st. Then you must file your I-485 application within 60 days.

9) Starting October 1, all green card applicants will have to take the vaccine unless they qualify for a waiver or exemption.

This is general information only and is not legal advice. To request a consultation, you may submit an email to info@dyanwilliamslaw.com or online message at www.dyanwilliamslaw.com.

Resources cited:

• Delta Variant Is 'More Transmissible Than Ebola', And Vaccinated People May Also Be Highly Contagious - Health Policy Watch, July 30, 2021
• CDC Requirements for Immigration Medical Examinations: COVID-10 Technical Instructions for Civil Surgeons, August 17, 2021
• I-693, Report of Medical Examination and Vaccination Record - uscis.gov as of September 1, 2021

Dyan Williams, Esq.
info@dyanwilliamslaw.com
www.dyanwilliamslaw.com

Being inadmissible disqualifies you from getting a change or extension of status, a new visa, or lawful entry to the United States. While a 212(d)(3) nonimmigrant waiver or I-601/INA 212(i) immigrant waiver might solve the issue, it doesn’t work in every case. It’s best to avoid a fraud/misrepresentation charge altogether.

Episode 11 of The Legal Immigrant podcast covers:

1) The different contexts in which U.S. Customs & Border Protection, USCIS and U.S. Embassies and Consulates can make the 212(a)(6)(C)(i) charge

2) F-1 OPT and STEM OPT rules to follow

• Time restrictions for submitting Form I-765, application for employment authorization
• Unemployment grace period of 90 days for F-1 OPT and an additional 60 days for F-1 STEM OPT (i.e. total of 150 days during entire post-completion OPT period)
• F-1 OPT and F-1 STEM OPT must involve at least 20 hours of work related to field of study
• F-1 may include a paid job, a paid internship, an unpaid internship, volunteer work, contract work, agency work, or self-employment
• F-1 STEM OPT must include paid employment with a company that is enrolled in the E-Verify program

3) Immigration fraud investigations and related problems

• Many F-1 and H-1B visa holders, particularly from China, get their visas revoked or denied or are refused entry to the United States because they had listed Findream or Sinocontech to receive work authorization
• F-1 and H-1B visa holders, most from India, face U.S. immigration and visa problems if they listed companies like Integra Technologies LLC, AZTech Technologies, Andwill, Wireclass or Tellon Trading to obtain OPT, STEM OPT or other work permit
• Problems include refusal of entry to the US, visa denials, visa revocations, and denials of change/extension of status requests. In some cases, a 212(a)(6)(C)(i) charge is made.

4) 3 key indicators that the petitioner or employer may be flagged

• Does the company require you to pay a training fee, including before it issues the job offer letter or Form I-983 training plan?
• Does the company fail to assign roles and responsibilities as stated in the job offer letter, Form I-983 for STEM OPT, or Form I-129 Petition for H-1B?
• Does the company offer employment verification, pay stubs and W2s when there was actually no real work or no pay received for an F-1 STEM OPT or H-1B position?

5) The longer you are associated with a flagged company, the more U.S. immigration risks and visa problems you will have

• As soon as you find out there’s no real job, move on quickly.
• You might be tempted to use fake employment to maintain status or stop the accrual of unlawful presence. But you run the risk of not only falling out of status, but also being charged with a lifetime inadmissibility bar under INA 212(a)(6)(C)(i).
• US immigration agencies are less forgiving when it comes to a fraud or misrepresentation charge because it means you’ve been found to have lied to the U.S. government to gain an immigration benefit.

This is general information only and is not legal advice. To request a consultation, you may submit an email to info@dyanwilliamslaw.com or online message at www.dyanwilliamslaw.com.

For more information, see:

• Work Permit Fraud May Lead to Visa Revocation, Visa Denial and INA 212(a)(6)(C)(i) Inadmissibility
• 212(d)(3) Nonimmigrant Waiver: When Do You Need It and How Do You Get It?
• 212(d)(3)(A) Nonimmigrant Waiver: Advantages and Disadvantages
• When do you need an I-601 Waiver due to immigration fraud or misrepresentation (and how do you get it)?

Dyan Williams, Esq.
info@dyanwilliamslaw.com
www.dyanwilliamslaw.com

The B-1 visa or combined B-1/B-2 visa is for nonimmigrants who seek to enter the U.S. temporarily for business reasons and tourism. To get the visa or gain entry to the U.S. on this visa, you need to show you will participate in only permitted activities.

Episode 10 of The Legal Immigrant podcast summarizes:

(A) What you can do in the U.S. as a B-1 visitor -

1) Business activities of a commercial nature. Examples:

• engage in commercial translations
• negotiate a contract
• participate in business meetings
• litigate, including to participate in a lawsuit, take a claim to court, or settle an estate
• attend a conference
• do independent research

2) Professional activities that do not lead to compensation or employment in the United States. Examples:

• ministers of religion and missionaries doing missionary work
• volunteers participating in a recognized voluntary service program
• professional athletes competing in a tournament or sporting event of international dimension
• investors seeking investments in U.S.

3) Limited activities that do not amount to substantive performance of work. Examples:

• commercial or industrial workers needed to install, service or repair equipment as required by contract of sale
• certain foreign airline employees in an executive, supervisory or highly technical role who travel to the U.S. to join an aircraft for onward international flight
• third/fourth-year medical students pursuing medical clerkship at U.S. medical school's hospital (without remuneration) as part of a foreign medical school degree

(B) U.S. immigration problems that might arise if you do remote work (including work for a foreign employer) while you are in the U.S. as a visitor

• the connection between U.S. tax law and U.S. immigration law
• the risk of being found to have violated status if you perform activities that are not entirely consistent with the terms and conditions of the visa

(C) The eligibility requirements for the visitor visa

• maintain a residence abroad that you do not intend to abandon
• intend to stay in the U.S. for a specific, limited period
• seek entry solely to engage in legitimate activities permitted on the visa
• have no U.S. immigration violations or criminal offenses that make you inadmissible or otherwise qualify for a waiver of inadmissibility

This is general information only and is not legal advice. To request a consultation, you may submit an email to info@dyanwilliamslaw.com or online message at www.dyanwilliamslaw.com.

For more information, see:

• B-1 Visitor Visa: Traveling to the U.S. for Business
• B-1 Visitor Visa: Traveling to the U.S. for Work as a Personal or Domestic Employee
• B-2 Visitor Visa: Traveling to the U.S. for Tourism or a Temporary Visit
• Birth Tourism, Frequent/Extended Trips, Immigration Status Change: 3 Things that Often Prevent Entry to the U.S. (even though they are not strictly prohibited)
• Common Reasons for Visa Refusal or Visa Denial
• Expedited Removal: When Does it Apply and What are the Consequences?
• Expedited Removal: How Does the Process Work at the U.S. Port of Entry and What are the Main Concerns?
• Expedited Removal: How Do You Avoid, Challenge or Overcome It?

Dyan Williams, Esq.
info@dyanwilliamslaw.com
www.dyanwilliamslaw.com