Tag: Parole in Place

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Update on the Parole in Place: Keeping Families Together

Update on the Parole in Place: Keeping Families Together
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With the suspension of the Parole in Place Program, USCIS has issued announcements regarding appointments and refunds.

The Keeping Families Together program known as the PIP or Parole in Place was a program established by President Biden in August 2024 aimed at allowing certain spouses and children of US citizens to apply for lawful permanent residence without leaving the country.

Legal Challenges

A few days after  it was launched on August 19, 2024, 16 States filed a lawsuit on August 27, 2024 arguing that the President overstepped its authority and asked that its implementation be suspended. 

On November 7, 2024, the U.S. District Court for the Eastern District of Texas stopped the program entirely, ruling that the federal government lacked the authority to enact this program. 

USCIS released an announcement on November 13, 2024 as a result of the court order stating that (1) they are not accepting any I-131F or request for parole under the Keeping Families Together; (2) all biometric scheduled appointments are cancelled. 

Refunds of Filing Fees

As of this writing, the PIP remains suspended; as a consequence, USCIS suspended processing of all existing applications. Beginning January 6, 2025, USCIS has begun the process of refunding checks of $580 filing associated with the vacated Keeping Families Together (“KFT”) Parole program. All applications filed prior to the order of suspending the program shall be administratively closed and thus, refunds are being issued to applicants.

For individuals who paid by credit card, the refund will be by credit card and should happen in the next 1-2 weeks. And for those who paid by debit card, the refund will be issued by check by ICE. This process may take 5-6 weeks.

(Atty. Lourdes Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C., law firm established since 1992.  She is also a producer/host of Pusong Pinoy sa Amerika, an immigration law informational show aired on GMA Pinoy TV. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)

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Disappointments amid Hopes

Disappointments amid Hopes
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Dear TLAW Subscribers,

With much anticipation, we welcomed the June 18, 2024 announcement of President Biden’s Parole in Place (PIP) program that was scheduled to be implemented on August 19, 2024. USCIS began accepting applications on the same day the regulations were released. Although the application forms were available by Friday, August 16, 2024, official filings started on Monday, August 19.

As I dug into the details of the federal register notice, frustration began to set in. After combing through the 94-page document, it became clear that this PIP program was specifically designed to benefit those who entered the U.S. without inspection. Unfortunately, it did not extend to nonimmigrants who overstayed their visas, nor to crewmembers and transit visa holders who are present in the U.S. and married to U.S. citizens.

For many non-immigrant Filipinos in unlawful status (unable to adjust) and married to U.S. citizens, this was disappointing news. As the Philippines is a non-border country, those who entered without visas are the only ones eligible, and this piecemeal measure leaves out many Filipinos who have been waiting for an opportunity to obtain lawful status and adjust to permanent residency. While it’s frustrating, I remain hopeful that future administrations will support broader, more comprehensive immigration reform.

In our August 2024 Newsletter, I’ve addressed a follower’s question regarding delays caused by sputum tests at St. Luke’s Medical Center Extension Clinic in Manila. Additionally, we’re sharing good news about improved naturalization processing and options for seeking prosecutorial discretion. These opportunities remain available for a few more months under the current administration, and while I am optimistic about the outcome of the 2024 Presidential election, it’s wise to explore any options that can help avoid potentially restrictive immigration policies in the future.

Enjoy the rest of your summer, and welcome to the fall season!

Sincerely,
Atty. Lou

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Updates

Texas, 15 States challenge Keeping Families Together Program

Texas, 15 states challenge Keeping Families Together Program
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Just four days after the implementation of the Parole in Place program for spouses of U.S. citizens, a lawsuit was filed seeking to suspend it. As of August 23, 2024, the plaintiffs have filed a Motion for Temporary Restraining Order, Preliminary Injunction, and Stay of Agency Action, challenging the Biden administration’s Keeping Families Together program, also known as Parole in Place. The lawsuit was brought by Texas and Idaho, along with 14 other state attorneys general from Alabama, Arkansas, Florida, Georgia, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Wyoming.

In their 67-page court filing, the plaintiffs assert that the program is illegal, arguing that it exceeds the executive branch’s authority to set immigration policy. They claim that the program constitutes a misuse of parole authority, stating, “The Biden-Harris Administration — dissatisfied with the system Congress created, and for blatant political purposes — has yet again attempted to create its own immigration system.”

Kelli Stump, President of the American Immigration Lawyers Association (AILA), responded to the lawsuit, saying:

“This is another example of states attempting to stop the federal government from using its well-established legal authority to promote family unity. In its place, these states and Stephen Miller, the architect of Donald Trump’s anti-immigrant policies, hope to re-institute a xenophobic, anti-family, anti-American agenda. We are talking about the family members of U.S. citizens who have been stuck in long-term legal limbo and, through Keeping Families Together, can now apply for legal status rather than endure an arduous and unworkable bureaucratic process. These are individuals who have been living in the United States for at least a decade and are contributing to American communities. It is reprehensible and nonsensical that these states want to undermine the core American value of strengthening families when cutting the red tape will also ensure a more secure and fairer immigration system. From a purely legal standpoint, the states are advancing weak, baseless arguments to justify their standing to sue that in no way merit the program being enjoined. While the program remains in effect, AILA members will continue to help their clients apply for this life-changing protection.”

At present, USCIS continues to accept applications, although this could change if the plaintiffs’ motion is granted.

(Atty. Lourdes S. Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C. for 32 years. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)

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Keeping “Some” Families Together

Update on the PIP Program
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Eligibility Gap: New Parole in Place (PIP) Program Leaves Some Non-Citizen Spouses Behind

On June 18, 2024, President Biden announced a new program targeting spouses of U.S. citizens who are unlawfully present in the country. This development sparked excitement among many non-immigrants without legal status, who viewed it as a potential pathway to citizenship. However, after waiting two months for the regulations to be released, it became clear that the majority of beneficiaries are likely to be nationals of Western Hemisphere countries.

The most critical eligibility requirement for this Parole in Place (PIP) program is that the applicant must not have entered the U.S. with a visa. If the applicant entered with an expired non-immigrant visa, such as a visitor’s visa, and overstayed their authorized period, their PIP application will be denied. To qualify, among other requirements, the applicant must be considered an “applicant for admission,” meaning they were neither inspected nor admitted at a port of entry or border checkpoint. This applies to individuals who entered the U.S. without inspection by a CBP officer, commonly referred to as EWIs (Entered Without Inspection).

According to the Federal Register notice, an estimated 64 percent of eligible non-citizens are Mexican nationals, while 20 percent hail from Guatemala, Honduras, and El Salvador. An additional 13 percent are from other Western Hemisphere countries. This PIP process reflects the U.S. commitment to addressing migration challenges throughout the Western Hemisphere, a goal shared with its partner countries. Several nations have requested regularization for their nationals who have resided in the United States for extended periods without lawful status. For instance, the Mexican government has urged the U.S. to regularize Mexican nationals who have been long-term residents in the country.

As the Philippines is not a Western Hemisphere country, only a small percentage of spouses of Filipino descent will be eligible for this PIP program. Since the Philippines is not a border country, travelers from non-border countries require both a passport and a visa to enter the U.S. Those who entered with a visitor’s visa (even if it has since expired) and are married to U.S. citizens do not need PIP, as they can file for adjustment of status.

Nevertheless, a significant number of Filipinos remain in unlawful status despite being married to U.S. citizens without options for legalizing their stay. There are cases of those who entered with visas but they fall victim to unscrupulous travel agents who take back the passport containing their visas. These individuals, who are unlawfully present in the U.S., may not apply for adjustment of status because they lack proof of entry. USCIS categorizes these travelers as having entered unlawfully.

Another group consists of Filipino spouses of U.S. citizens who “jumped ship” as crewmembers with C1/D visas and subsequently overstayed. Since they entered with a visa, USCIS deems them ineligible for PIP.

Although the Philippines is not a border country, some Filipino travelers have entered the U.S. by first traveling to a neighboring country, such as Mexico or Canada, and then crossing the border. Those who meet these criteria may apply for PIP and, if eligible, adjust their status to permanent resident.

Eligibility Criteria

There are two categories of individuals who may apply for PIP: spouses of U.S. citizens and stepchildren of U.S. citizens.

As mentioned, the applicant must be present in the United States without admission or parole.

For spouses, the requirements include:

  1. Continuous physical presence in the United States since June 17, 2014, through the date of filing the PIP request.
  2. A legal and valid marriage to a U.S. citizen on or before June 17, 2024.
  3. No disqualifying criminal history, and not deemed a threat to public safety, national security, or border security.
  4. Submission of biometrics and undergoing the required background checks and national security/public safety vetting.

For stepchildren of U.S. citizens, the requirements include:

  1. Being under the age of 21 and unmarried on June 17, 2024.
  2. Presence in the U.S. on or before June 17, 2024 (with no 10-year physical presence requirement).
  3. A non-citizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before the stepchild’s 18th birthday.
  4. No disqualifying criminal history, and not deemed a threat to public safety, national security, or border security.
  5. Submission of biometrics and undergoing required background checks and national security/public safety vetting.

Filing Process

Eligible individuals may file their PIP requests either individually or through their legal representative. All filings must be submitted online via either an attorney’s USCIS account or an individual USCIS account. The filing fee for the PIP request is $580.

Potential Legal Challenges

Similar to the Deferred Action for Childhood Arrivals (DACA) program, there may be political efforts to halt this program. As of this writing, no litigation has been filed to suspend the PIP program. If litigation does occur and a PIP request has already been accepted by USCIS, the adjudication will depend on whether the court orders a temporary suspension.

Screening for Eligibility

Some prospective applicants, including widows and individuals in removal proceedings, may also be eligible. Each case is unique, and USCIS has indicated that it will adjudicate requests on a case-by-case basis.

It is important to note that PIP is not an immigration relief program, nor is it a form of “amnesty.” This is why not all unlawfully present spouses of U.S. citizens will qualify. However, for those who do qualify, PIP could provide a pathway to filing for adjustment of status as the spouse or
stepchild of a U.S. citizen. Since not all spouses or stepchildren will be eligible for PIP, it is advisable to have one’s case analyzed by a trusted legal counsel to determine eligibility or to explore other available legal options.

(Atty. Lourdes S. Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C. for 32 years. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)

Related: Parole in Place Program Update (08/26/2024)

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Updates

Update on the Parole in Place

Update on Parole in Place
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On Monday, August 19, 2024, the U.S. Citizenship and Immigration Services (USCIS) will begin accepting requests for Application for Parole in Place for Certain Noncitizen Spouse and Stepchild of U.S. citizens. Only a USCIS filing guide was released today but there is no Federal Register notice that was published as we expected.

According to the USCIS, Form I-131F will only be available to file online.

Eligibility and Process

To be considered on a case-by-case basis for this process, an individual must:

  • Be present in the United States without admission or parole;
  • Have been continuously present in the United States for at least 10 years as of June 17, 2024; and
  • Have a legally valid marriage to a U.S. citizen as of June 17, 2024.

In addition, individuals must have no disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion.

Noncitizen children of potential requestors may also be considered for parole under this process if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship with a U.S. citizen as of June 17, 2024.

Upon receipt of a properly filed parole-in-place request, USCIS will determine on a case-by-case basis whether a grant of parole is warranted and whether the applicant merits a favorable exercise of discretion. All requests will take into consideration the potential requestor’s previous immigration history, criminal history, the results of background checks and national security and public safety vetting, and any other relevant information available to or requested by USCIS. USCIS has strong processes in place to identify and address potential fraud, which will be applied here to ensure the integrity of this program.

This parole in place does not apply to all those who are present in unlawful status as this is not an “amnesty.” This parole may be granted only to certain individuals who are present in the United States without admission.

For more information on eligibility and application process, contact Tancinco Law P.C. at 415 397 0808 or email us at law@tancinco.com.

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Revisiting the “Parole in Place” Policy for Children of WWII Veterans

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When U.S. Citizenship and Immigration Services officials visited the Philippine Consulate in San Francisco in July 2015 for a briefing on the Filipino World War II Veteran Policy, the issue that was of serious concern is about the eligibility of those who are in the United States in unlawful status. It was emphasized that the the FWVP parole is only for those outside the United States. Those who are in the United States must leave the country to get the parole but risk being barred for 3-10 years.

Those who are in the United States in unlawful status may still consider applying for a parole in place under the November 15, 2013 USCIS policy memorandum. However, parole in place has limited applicability.

Parole in Place

The U.S. Citizenship and Immigration Services released a Policy Memorandum titled “Parole of Spouses, Children and Parents of Active Duty Members of the U.S.Armed Forces, the Selected Reserve of the Ready Reserve, and Former Members of the U.S. Armed Forces or Selected Reserve of the Ready Reserve and the Effect of Parole on Inadmissibility under Immigration and Nationality Act§ 212(a)(6)(A)(i)”. Pursuant to this Memorandum the children, parents and spouses of active duty members of the US Armed Forces as well as the veterans of the US Armed Forces are entitled to a “parole” status.

Parole status means that those eligible will be considered granted temporary relief from removal and that they will be provided with employment authorization document. The new policy also shall allow immediate relative who are eligible for this parole in place status to adjust their status if they have an approved petition visa petition from their US citizen immediate relative. Parole status does not erase any period of prior unlawful presence.

Usually “parole” status is granted to those who are entering the United States but have no valid visas. The U.S. Citizenship and Immigration Services has the authority to grant parole based on humanitarian or emergency circumstances of the applicant for parole. In this new policy memorandum, the grant of parole status is extended to those who are already in the United States in unlawful status but who have entered the United States without inspection or admission. Those who have entered with a valid visa and later on had the visa expired are not eligible for the parole in place.

Considering that the “parole in place” relief has limited applicability to spouses, children and parents of members and veterans of the military service, only children of war veterans who entered without inspection are entitled to parole. Most Filipinos who enter the United States have in their possession valid nonimmigrant visas. At the time of their entry, they are inspected and admitted. Since they were inspected, even if there are those who failed to maintain lawful status, they still will not be eligible for the parole in place.

The case will be different for children of veterans who crossed the Canadian or the Mexican border. When someone crosses the border without the appropriate visa, these are considered to have entered without admission or inspection (known as “EWIs”). If such is the case, then the “parole in place” may be applied with the U.S. Citizenship and Immigration Services.

Yet. those who are not eligible for parole in place may explore the option of adjustment of status under Section 245(i) since most of the veterans petition for their children were filed in before 2001.

(Lourdes Santos Tancinco, Esq is a partner at the Tancinco Law Offices, a Professional Law Corp. Her principal office is located at One Hallidie Plaza, Ste 818, San Francisco CA 94102 and may be reached at 1 888 930 0808 or email at law@tancinco.com or go to their website at tancinco.weareph.com/old or at www.facebook.com/tancincolaw.)