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New Parole In Place Policy

New Parole In Place Policy

August 16, 2024
November 6, 2024

On September 4, 2024, a U.S. judge extended the temporary pause on the Biden administration’s "Keeping Families Together" policy. This program was designed to provide a path to citizenship for nearly half a million undocumented immigrants.The pause has now been extended until at least September 23, 2024, as the legal battle surrounding the policy continues.What Does This Mean?The U.S. Citizenship and Immigration Services (USCIS) can still accept new applications for the program, but no approvals can be issued during this time.No penalties will be imposed on those who apply during the block, but the future of the program remains uncertain.

What Should You Do Now?

If you are eligible for the "Keeping Families Together" program, it's still a good idea to prepare and submit your application as soon as possible. While approvals are currently paused, filing early may put your case in a favorable position if the pause is lifted and the program moves forward.

Stay Informed

This is an ongoing legal development, and the program’s future is still undecided. We will continue to monitor the situation and provide updates as they become available. At Rozas & Associates, we are here to guide you through these uncertain times and help you navigate your immigration case.

Contact Us for Help

If you have any questions or concerns about your eligibility for the program, or how this update impacts your case, contact Rozas & Associates today for a free consultation. Our experienced team of immigration attorneys can assist you in preparing your application and ensuring that you are ready for any changes that may come.

Call us at 225-478-1111 to get started. Stay informed, stay prepared, and protect your future.

Parole in Place Update: Federal Judge Temporarily Pauses Parole in Place Program:

What You Need to Know

On Monday, August 26, 2024, a Texas federal judge issued a 14-day temporary pause on the Biden administration’s Parole in Place program, known as “Keeping Families Together.” This program aims to grant parole for certain noncitizen spouses and stepchildren of U.S. citizens who are seeking green cards. The pause follows a lawsuit, State of Texas et al. v. United States Department of Homeland Security et al., filed by 16 Republican-led states, which claim that the Biden administration has exceeded its authority in implementing this program​.

What Does This Mean for You?

While the administrative stay is in place, the Department of Homeland Security (DHS) will:

  • Not grant any pending parole in place requests under the “Keeping Families Together” program.
  • Continue to accept filings of Form I-131F, the Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens.
  • It’s important to note that this temporary pause does not affect any applications that were approved before the stay order was issued​ - August 26, 2024.

Why Was the Pause Issued?

The pause was issued due to a lawsuit filed by 16 Republican-led states, led by Texas, challenging the legality of the Parole in Place program. The states argue that the program exceeds the Biden administration's authority under federal law. The judge issued the 14-day stay (pause) to allow the court time to review the case thoroughly and prevent any potentially irreversible actions during the review​

Key Takeaways:

  • The temporary hold lasts for 14 days but may be extended depending on the court’s decision.
  • Applications can still be submitted, but they will not be approved during this time.
  • The lawsuit argues that the program is unconstitutional and imposes undue burdens on states.
  • The judge is using this time to ensure that no irreversible actions are taken while the case is under review.

What’s Next?

The court has set an expedited schedule for the case, with key deadlines in September and early October. A hearing on preliminary relief and summary judgment is expected to be scheduled soon after October 10. We will continue to monitor the situation closely and provide updates as they become available.

If you are considering applying for Parole in Place, we encourage you to contact our office. Our experienced immigration attorneys are here to guide you through the process and help you understand how this pause may affect your application. Call us today at 225-478-1111 for a free consultation.

New Parole in Place Policy: What You Need to Know

Effective August 19, 2024

If you or a loved one is dealing with immigration issues, staying informed about the latest legal developments is crucial. One of the most significant updates is the new Parole in Place (PIP) policy, effective August 19, 2024. This policy provides a vital opportunity for certain noncitizen spouses and stepchildren of U.S. citizens to remain in the United States while adjusting their status, even if they entered without proper documentation.

Here's what you need to know:

What is Parole in Place?

Parole in Place (PIP) is a special immigration process designed to keep families together and provide a pathway to legal status. It allows qualifying noncitizen family members to stay in the U.S. temporarily. If you believe you or a loved one may qualify, it’s essential to act promptly and ensure that everything is done correctly.

Eligibility Requirements

To be eligible for Parole in Place, you must meet the following criteria:

  • Entry Without Inspection (EWI): You must have entered the U.S. without inspection. Those who entered on a visa and overstayed do not qualify.
  • Marriage Requirements: Marriage to a U.S. citizen must have occurred before June 17, 2024.
  • For qualifying children, the U.S. citizen parent must have married the noncitizen parent before June 17, 2024. The child must have been under 18 at the time of the marriage and under 21 before June 17, 2024.
  • Criminal History: You must not have any pending criminal history or disqualifying history, such as felonies. For lesser crimes, you are presumed ineligible, but you can try to rebut this.

Key Date: August 19, 2024

  • Form I-131F Available Online: Starting on August 19, 2024, Form I-131F, the applicatoin for Parole in Place, will be available exclusively online through the USCIS portal.
  • Separate Filings Required: Each requestor, including minors, must have their own USCIS online account, and there are no paper forms for this process.

Steps for Parole in Place

1. File Form I-131F Online:

  • Create a USCIS account.
  • Each person must have their own account and filing.

2. Wait for Approval:

  • Upon approval, the noncitizen will receive a Form I-797, Notice of Action, and a Form I-94, Arrival/Departure Record. There is no need to leave the U.S.

3. File I-130/I-485 Concurrently:

  • Once granted Parole in Place, you can file Form I-130 and Form I-485 concurrently to adjust your status. Additionally, you may obtain an Employment Authorization Document (EAD) through Parole or through Form I-485.
  • Parole is valid for 3 years.

Special Considerations

Removal Proceedings:

  • If you are in removal proceedings, you can apply for Parole in Place.
  • Your proceedings will be terminated upon the grant of Form I-131F.
  • If you have an unexecuted final order of removal, you are generally considered ineligible, but you may still attempt to apply and argue your eligibility.

Married But Deceased Spouse:

  • You can file for Parole in Place if your spouse was a U.S. citizen and has passed away. However, you must have an approved Form I-130 or I-360.

Priority for Pending 601-A Waivers:

  • USCIS will prioritize those with a pending Form I-601A waiver. It is crucial to act quickly if you fall into this category.

Why You Need an Immigration Lawyer

Filing for Parole in Place is a critical step in your immigration journey. Errors or omissions in your application can lead to delays or denials.At Rozas and Associates, our team of experienced immigration lawyers are here to guide you through this complex process. We handle every detail to ensure your application is completed accurately and efficiently. Trusting an immigration lawyer with your case can make all the difference in achieving a successful outcome.

Stay Updated

More details on the Parole in Place policy will be shared soon.

Follow our blog and social media channels for the latest information. We’ll continue to provide updates as they become available, so be sure to check back regularly.

Contact us TODAY at 225-478-1111 for a free consultation to learn more about how our immigration lawyers can help you.

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