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.
In this video, attorney Jacob Sapochnick explains the potential problems that may arise when an immigrant who has overstayed the Visa Waiver Program later applies for adjustment of status based on their marriage to a US citizen.
In this case study, we discuss a real situation involving a client who initially came to the United States on the visa waiver program. Per the terms of the Visa Waiver Program, a foreign national may only remain in the United States for a period of 90 days or less.
Our client had remained in the United States unlawfully for a long period of time. During the period of time he remained in the United States unlawfully, he met and married a U.S. Citizen and began a life with his American spouse in the United States. The couple filed an application for adjustment of status after the marriage, thinking that they would be approved without a problem. Unfortunately this application was denied, and a subsequent motion to re-open the case was also denied. In San Diego county and other immigration field offices, immigration officers began to aggressively deny adjustment of status applications for immigrants who had overstayed the visa waiver program, even if the application was based on marriage to a U.S. Citizen spouse. The client then decided to re-file his application for permanent residence after the denial. After filing, the Border Patrol apprehended him and began the process of deporting him from the United States. Understandably this was a very difficult situation for the client and his American spouse to go through. At this point, the client retained our office to begin prosecutorial discretion to cancel his removal from the United States and to re-file his application for adjustment of status to permanent residence, based on his marriage to his American spouse.
In this podcast, attorney Jacob J. Sapochnick discusses the all new International Entrepreneur rule. To hear more about this exciting new rule for entrepreneurs, please click below.
Overview:
What is it?
The International Entrepreneur Rule will allow certain entrepreneurs the opportunity to seek ‘parole’ into the United States, based on his or her role in the startup company, provided the company can demonstrate substantial potential for rapid growth and job creation in the United States. Not all entrepreneurs will be eligible. Qualifying entrepreneurs must demonstrate that their entry would create a significant public benefit in the United States, and provide ‘substantial’ and ‘demonstrated potential’ to create more jobs and business growth in the United States, and not merely provide income to the entrepreneur and his or her family members.
What are the requirements?
Entrepreneurs must demonstrate:
At least a 15 percent ownership interest in their startup enterprise;
That they take on an active and central role in the startup enterprise’s operations;
That the startup enterprise has been formed in the United States within the past three years; and
That the startup enterprise has proven to yield a substantial and demonstrated potential for rapid business growth and job creation as evidenced by:
Having received a significant investment of capital of at least $345,000 from certain qualified U.S. investors that have a proven track record of success i.e. showing established records of successful investments;
Having received significant awards or grants of at least $100,000 from federal, state, or local government entities; or
By partially satisfying one or both of the above criteria, in addition to presenting other reliable and compelling evidence to show the startup entity’s substantial potential for rapid growth and job creation in the United States.
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