In this video, attorney Jacob Sapochnick discusses the current status of parole in place applications under the Keeping Families Together program and how a new lawsuit will impact the approval of applications under the program.
To learn more, please keep on watching this video.
What is Keeping Families Together?
The Keeping Families Together program was recently established by presidential executive order to create a pathway to permanent residency for undocumented spouses and stepchildren of U.S. Citizens, who entered the country without inspection, and have been continuously present in the United States since at least June 17, 2024.
Those granted parole in place under Keeping Families Together are given three years to apply for temporary work authorization and permanent residency from inside the United States. At least 500,000 spouses, and about 50,000 of their children are set to benefit from this program.
Parole in place simplifies the green card application process by eliminating the need for spouses to apply for an extreme hardship “waiver,” and to depart the United States to attend a visa interview at a U.S. Consulate abroad.
In doing so, this process prevents prolonged family separation and enables applicants to obtain permanent residency without departing the United States.
Federal Judge Temporarily Halts Parole in Place Program
In this video, attorney Jacob Sapochnick discusses the new parole in place program for undocumented spouses and stepchildren of U.S. Citizens recently announced by the Biden administration.
In this video you will learn about the parole in place application process, who is eligible to apply, and what will happen to those with pending extreme hardship waivers with USCIS.
Overview
On August 19, 2024, the United States Citizenship and Immigration Services (USCIS) began accepting applications for parole in place for undocumented spouses and stepchildren of U.S. Citizens under a new program called Keeping Families Together.
The fee to apply for parole is $580. No fee waivers or fee exemptions are available for this process at this time.
What is parole in place?
Parole in place is a discretionary authorization issued for a 3-year period, that allows certain noncitizens who are present in the United States without admission or parole to become “applicants for admission.”
If granted parole, these individuals may apply for adjustment of status to lawful permanent residence (green card holder) during the parole period, without being required to leave the United States and be processed by a U.S. consulate overseas.
Previously, undocumented spouses of U.S. Citizens who entered without inspection, were required to travel outside the United States to legalize their status through an extreme hardship “waiver” process which required a face-to-face interview at a U.S. Consulate abroad. This process has been very challenging on families because approval of the hardship waiver can take several years and lead to prolonged family separation.
It is estimated that as many as 500,000 noncitizen spouses of U.S. citizens could be eligible for parole in place, and an additional 50,000 noncitizen stepchildren of U.S. citizens.
What are the eligibility requirements for parole in place?
To be considered for a discretionary grant of parole in place under Keeping Families Together, you must meet the following eligibility criteria:
If you are the noncitizen spouse of a U.S. citizen, you must:
Be present in the United States without admission or parole (entered without lawful inspection);
Have been continuously physically present in the United States since at least June 17, 2014, through the date of filing your request;
Have a legally valid marriage to a U.S. citizen on or before June 17, 2024;
Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and
Submit biometrics and undergo required background checks and national security and public safety vetting.
If you are the noncitizen stepchild of a U.S. citizen, you must:
Have been under the age of 21 and unmarried on June 17, 2024;
Be present in the United States without admission or parole (entered without lawful inspection);
Have been continuously physically present in the United States since at least June 17, 2024, through the date of filing your request;
Have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before your 18th birthday;
Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security*; and
Submit biometrics and undergo required background checks and national security and public safety vetting.
Please read the frequently asked questions on the USCIS webpage here.
Can you apply for a green card while you are inside of the United States on a tourist visa? In this video, attorney Jacob Sapochnick addresses this important topic.
Overview
B1/B2 Tourist Visa and Nonimmigrant Intent
The B1/B2 tourist visa is a nonimmigrant visa type that allows foreign nationals to visit the United States temporarily for one specified purpose, to engage in tourism or engage in permitted business activities like attending a business conference. The maximum period that a B1/B2 visitor can remain in the United States is 6 months.
Those traveling on such a visa must maintain what is called “non-immigrant” intent when arriving to the United States, meaning that travelers must intend to depart to their home country at the conclusion of their trip.
Misrepresenting your true intentions for traveling to the United States may spell disaster for you in the future and lead to serious immigration consequences including a bar on your future entry to the U.S., due to misrepresentation or fraud.
Those who intend to live or work in the United States must apply for the appropriate visa type and should not enter the United States on a B1/B2 visa.
Change in Circumstances After Arrival in the U.S.
Now let’s imagine that after your arrival to the United States on a B1/B2 visa, your life circumstances have changed. You’ve become engaged to a U.S. Citizen, you’ve secured a job offer for your dream job and your employer wants to sponsor you for a green card, what happens in these situations? Is it possible for you to change your status from a tourist to a permanent resident? The answer is it depends.
The key consideration here is whether you maintained “non-immigrant” intent at the time of your entry to the United States. Under immigration law, a temporary visa holder who enters the United States and gets married or files their green card application within 90 days of their entry, is presumed to have misrepresented his or her true intentions for traveling to the United States on a temporary visa. Such individuals are generally not eligible to apply for adjustment of status to permanent residence (a green card) from inside the United States.
In this video, attorney Jacob Sapochnick discusses a hot topic addressing what is the fastest method to immigrate a foreign spouse to the United States.
Many couples often wonder what the best option is to immigrate their foreign spouse, such as applying for an immigrant visa at a U.S. consulate overseas or applying for adjustment of status from inside the United States.
To learn more, please keep on watching this video.
Overview
There are two main methods by which a U.S. Citizen can immigrate his or her foreign spouse to the United States.
The most suitable method will depend on the consideration of various factors such as:
Is the foreign spouse currently outside of the United States?
Is the foreign spouse already inside the United States in lawful status (for example are they on an F-1 student visa, B-1 business visitor visa, or some other temporary visa)?
Does the foreign spouse have lawful status in the U.S.?
Is it important for you to obtain employment authorization during the immigration process?
Is prolonged separation an issue for you?
These are important factors that will determine which process married couples may wish to consider.
Have you ever been confused about how to read the Visa Bulletin or wanted to learn more about how it works? Then you won’t want to miss this important video.
In this video, attorney Jacob Sapochnick breaks down everything you need to know about how to read and understand the Visa Bulletin issued by the State Department.
Overview
What is a Priority Date?
First, let’s discuss what a priority date is in immigration law.
A priority date is the date that U.S. Citizenship and Immigration Services (USCIS) received your I-130 immigrant petition for alien relative, or I-140 immigrant petition for alien worker. For employment-based cases, where a labor certification application is required, the priority date is the date on which the labor certification was received by the Department of Labor.
Essentially, a priority date determines a person’s place in line in the immigrant visa queue because there are a limited number of green cards available in a given year. The limited number of visas is also referred to as an annual numerical limitation or “visa cap,” set by the U.S. Congress.
A priority date is critically important because it determines when you can apply for your green card (if you are in the U.S.), or your immigrant visa at a consulate overseas.
Are you seeking to financially sponsor someone who wants to immigrate to the United States?
If so, you will be interested to know that all immediate relatives of U.S. Citizens and individuals falling in the family-based preference categories, are required to submit the Form I-864 Affidavit of Support to obtain permanent residency in the United States.
The form is signed by the U.S. Citizen or legal permanent resident petitioning for the intending immigrant to show they will have the adequate means of financial support while in the U.S. and will not seek financial benefits from the U.S. government.
By signing the affidavit of support, you are accepting financial responsibility for the applicant seeking to immigrate to the United States.
In this video, we share with you everything you need to know regarding your responsibilities and obligations as a financial sponsor of the affidavit of support.
Overview
Who Signs the I-864 Affidavit of Support
The I-864 Affidavit of Support must be completed and signed by the U.S. Citizen or lawful permanent resident who is petitioning for the intending immigrant (also known as the primary sponsor).
The affidavit is essentially a contract between the petitioner and U.S. government, which establishes that the petitioner has enough income or assets to financially support the intending immigrant. Its main purpose is to ensure the alien does not become a public charge on the U.S. government.
In this video, we share some big news recently announced by the Biden administration.
The President has issued a new executive action on immigration that will soon allow undocumented spouses of U.S. Citizens to apply for permanent residence without having to depart the United States, if they have resided in the United States for at least ten years as of June 17, 2024.
Who does this apply to?
This order applies to undocumented spouses of U.S. Citizens who entered the country without inspection and have continuously resided in the United States since their entry.
Later this summer, the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) will implement Biden’s new program called “parole in place” which will allow such undocumented spouses to apply for their green cards.
Those who are approved for “parole in place” will be given a three-year period to apply for permanent residency. During this period, spouses can remain with their families in the United States and be eligible for work authorization.
Are you interested in self-petitioning for a green card (permanent residence) in 2024? If so, you won’t want to miss this important video.
Overview
Did you know that it is possible to apply for a green card on your own through a self-petition and avoid the process of getting a U.S. job offer? In this video, we discuss the top three ways you can apply for permanent residence without a U.S. company sponsoring you and without a U.S. job offer.
Option #1: Employment-Based First Preference Category, EB-1A Aliens of Extraordinary Ability
The first immigrant visa classification we will discuss is the EB-1A visa. This immigrant visa is suitable for individuals who have attained “extraordinary ability” in the sciences, arts, education, business, or athletics through sustained national or international acclaim in their field.
Those who qualify for the EB-1A category can self-petition for their visa on their own. They do not need a U.S. job offer nor employment sponsorship to apply for permanent residence.
EB-1A is Current on the Visa Bulletin
Additionally, as of June 2024 the EB-1A category remains current on the Visa Bulletin for all countries except India and China, which means that most applicants will not need to wait to apply for adjustment of status to permanent residence so long as the category remains current. For nationals of India and China please see the EB-1A wait times on the June 2024 Visa Bulletin.
Did you know that you can apply for a green card without a job offer or even sponsorship from a U.S. employer?
In this video attorney Jacob Sapochnick tells you all you need to know about the EB-2 National Interest Waiver, an employment-based green card option for professionals who are working in an area of national importance to the United States government.
This video focuses specifically on how engineering professionals can qualify for the National Interest Waiver, which is one of the most popular ways to obtain permanent residence in the U.S.
For more information, please keep on watching.
Overview
If you are an engineer that has earned an advanced degree (baccalaureate or higher) or have exceptional ability in your field of engineering, then you may be eligible to self-petition for a green card by applying for the EB-2 National Interest Waiver.
Unlike the EB-3 employment-based green card which requires employment sponsorship, the EB-2 National interest Waiver allows an individual to self-petition for their green card.
This provides applicants with the freedom and flexibility to apply for permanent residence on their own without having to undergo the lengthy labor certification process with a U.S. employer.
Did you know? The May 2024 Visa Bulletin was recently released by the Department of State. In this video, attorney Jacob Sapochnick talks about the exciting movement we are seeing in almost all the family-sponsored categories in the month of May, and what we can expect to see for the employment-based categories in the coming months.
Adjustment of Status Filing Chart May 2024
For the month of May 2024, the U.S. Citizenship and Immigration Services (USCIS) will continue to use the Dates for Filing Chart for all family-sponsored preference categories, and the Final Action DatesChartfor all employment-based preference categories, when applying for adjustment of status to permanent residence in the United States.
Immigration Lawyer Blog
