Tag: U.S. Citizenship and Immigration Services (USCIS)

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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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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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Restoring Faith: Noticeable Increase in Naturalized Citizens in the Biden Administration

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In 2021, President Biden issued an executive order aimed at restoring faith in the legal immigration process. A key part of this effort was to significantly reduce naturalization processing times, with the goal of strengthening the integration of new Americans.

Several changes under this administration appear to be benefiting new U.S. citizens. Notably, the backlog of naturalization cases has decreased. By 2023, the backlog stood at 416,034 citizenship applications—a 44% drop from the high of 942,669 in 2020 and the lowest backlog since 2015.

Although the filing fee for naturalization increased from $640 to $710, USCIS has made it easier for low-income applicants to qualify for reduced fees. The naturalization application itself has also been streamlined, shrinking from 20 pages to 14 pages.

A study by Boundless found that by May 2024, the average processing time for citizenship applications had dropped to just five months—a 15% reduction from the previous year and a more than 50% decrease from 2022. This expedited processing is evident in the USCIS San Francisco District Office, where applicants often receive interview notices within 3-4 months of filing. Oath ceremonies are commonly held the same day or the next day after the interview. This marks a stark contrast to the previous administration, when naturalization processing often took up to 12 months, and some cases were even reopened after naturalization had been granted.

Nationally, around nine million green card holders are eligible for naturalization but have yet to apply. In 2023, more than 25% of lawful permanent residents from Mexico were eligible to apply, and the Philippines is among the top five countries with the most eligible non-U.S. citizens.

One of the most significant rights of U.S. citizenship is the right to vote. With the 2024 Presidential election just months away, 81.4% of newly naturalized citizens are expected to cast their ballots, according to a survey by the U.S. Immigration Policy Center.

With these positive developments in naturalization processing, there’s no better time to apply for U.S. citizenship than now. If you have any questions, contact Tancinco Law P.C. at 415 397 0808 or visit our website at www.tancinco.com.

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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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Increased, Reduced, and Waived Naturalization Fees: What You Need to Know

Increased, Reduced, and Waived Naturalization Fees: What You Need to Know
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Effective April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) implemented new filing fees for naturalization applications. The standard fee for paper filings has risen to $760, while online filings now cost $710. Alongside these changes, USCIS has updated the criteria for reduced fees and fee waivers, potentially expanding access to naturalization for eligible applicants.

New Fee Structure and Reduced Fees

The 2024 fee rule introduces a significant change: applicants now have the opportunity to pay a reduced naturalization fee, which is 50% of the standard fee, amounting to $380. This reduction aims to make the naturalization process more accessible to a broader range of individuals who meet specific eligibility criteria.

Full Fee Waiver: Eligibility Criteria

For those facing financial difficulties, a complete waiver of the filing fee is available. To qualify for this 100% fee waiver, applicants must meet one of the following criteria:

  1. Receipt of Means-Tested Benefits: Applicants who receive federal, state, local, or tribal benefits that are determined based on income and resources may qualify for a full fee waiver. These means-tested benefits consider an individual’s financial situation in determining eligibility.
  2. Income Below 150% of Federal Poverty Guidelines: Applicants whose income is at or below 150% of the federal poverty guidelines can also qualify for a full fee waiver. The poverty guidelines vary based on household size, and specific income thresholds must be met to qualify.
  3. Extreme Financial Hardship: USCIS defines extreme financial hardship as a situation where applicants need almost all of their current income and liquid assets to meet ordinary and necessary living expenses. Examples of such hardship include:
    • Medical illness
    • Unemployment
    • Eviction or homelessness
    • Natural disasters
    • Military deployment of a spouse or parent
    • Divorce or death of a spouse
    • Other unexpected life events that limit the ability to cover living expenses

Additionally, fee exemptions have been expanded to include applicants and their derivatives seeking relief under the Violence Against Women Act (VAWA), U Nonimmigrant status, T Nonimmigrant status, and Special Immigrant Juvenile Status (SIJ).

2024 Federal Poverty Guidelines

To understand eligibility for fee waivers and reductions, it’s essential to refer to the 2024 federal poverty guidelines:

# of Persons in Household
Poverty Guidelines
0-149% (Fee Waiver)150-400% (Reduced Fee)
1$15,060$22,439.40$60,240
2$20,440$30,455.60$81,760
3$25,820$38,471.80$103,280
4$31,200$46,488.00$124,800
5$36,580$54,504.20$146,320
6$41,960$62,520.40$167,840
7$47,340$70,536.60$189,360
8$52,720$78,552.8$210,880

For households with more than eight persons, add $5,380 for each additional person to the base poverty guideline before applying the respective calculations.

Conclusion

Understanding the new fee structure and eligibility criteria for reduced fees and fee waivers is crucial for non-U.S. citizens seeking naturalization. These changes by USCIS aim to balance the cost of processing applications with the need to ensure accessibility for all eligible individuals. If you believe you qualify for a reduced fee or a fee waiver, consider consulting with an immigration attorney to navigate the application process effectively.

For further assistance or to discuss your specific situation, please contact our law firm. We are here to help you understand your options and guide you through the naturalization process.

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FY2023 H-1B Registration Fact Sheet for Employers

FY2023 H-1B Registration Fact Sheet for Employers
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Registration Process

To file H-1B petitions subject to the FY2024 cap for an employee, you must first electronically register and pay a $10 fee for each electronic registration. The electronic registration includes basic information about the employer and employee. If prepared by an attorney, the process requires an electronic handshake between the employer and attorney. Registrations must be submitted between March 1 and March 17, 2023.

When you register, you must pay a non-refundable $10 fee online for each registration using the pay.gov portal. Payment can be made via ACH transfer from a bank account, a credit card, or a debit card. This fee is in addition to the filing fees you will have to pay later with the petition if the employee is selected in the cap lottery. If an attorney is filing on your behalf, please consult with the attorney about how this payment will be made.

Please note: Employers are prohibited from submitting more than one registration for the same prospective H-1B employee. If an employer or its attorney submits more than one registration for the same H-1B candidate in a fiscal year, all registrations for that candidate will be invalid. USCIS has created a tool to allow employers and their attorneys to check for duplicate registrations.

The Lottery and Filing Petitions

After the registration period, USCIS will randomly select registrations from the ones it has received and will electronically notify you or your attorney if your employee has been selected. This will happen no later than March 31, 2023. If your employee’s registration is selected, then you will have at least 90 days to file a fully prepared H-1B cap-subject petition for the employee starting April 1. If your employee’s registration is not selected, the registration will be maintained until USCIS determines that it has received enough petitions to meet the cap. Once the cap has been reached, registrations that were not selected will be updated online as “not selected.”

What Should I Do Now?

Schedule a meeting with your attorney’s office before the registration period to discuss prospective H-1B petitions and whether the job and the individual would qualify for an H-1B. You should also discuss the timing of filing your H-1B petition with your attorney. To do this, you should:

  • Gather all relevant information about the job and the prospective employee’s qualifications
  • Starting at 12:00 noon (ET) on February 21, set up an employer account on myUSCIS as an “H-1B registrant.”
  • Call your attorney’s office with any questions.

Be prepared to discuss your expectations for processing your registration and how quickly a petition needs to be filed if selected. Your attorney can also discuss options if your registration is not selected.

 IMPORTANT DATES:

  • February 21: Employers may begin creating myUSCIS H1B registration accounts
  • March 1: Registration Period Opens at 12noon (ET)
  • March 17: Registration period closes at 12:00 noon (ET)
  • March 31: USCIS conducts the lottery and electronically notifies selected registrants
  • April 1: Filing period begins for selected cases ONLY

If you have questions about the H-1B visa process, we encourage you to reach out to Tancinco Law, P.C. at 1 888 930 0808, email law@tancinco.com or schedule a consultation through our website at www.tancinco.com.

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It’s Layoff Season for Tech Industry Workers

Its Layoff Season for Tech Industry Workers
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What options do terminated H1B employees have?

In prior years, there was usually a lot of excitement building up towards the period when the US Citizenship & Immigration Service (USCIS) opens the period for accepting H1B petitions. But this year is different. 

Beginning last quarter of 2022 up to the present, giant tech employers have been announcing mass layoffs of thousands of their employees citing economic uncertainty and fear of a coming recession. While there are no exact figures of how many are holders of H1B visas among those who were terminated, we are receiving a lot of inquiries by terminated H1B holders on what options they have to continue staying in the United States.

Generally, an H1B visa holder must leave the U.S. before the end of 60 days from date of termination. But if the worker is not ready to depart,  what are the available options to allow them to continue to stay in the United States?

  1. Find a new U.S. employer. A terminated H1B visa holder may apply for a new job with a different employer.  This new employer must be filed before the 60 days expire. 
  1. Negotiate with the Current Employer. Being laid off comes as a surprise to many and usually it is a sudden news that is received by a terminated employee, i.e. no advance notice. But if a Notice of Termination is already received, depending on the company policy, one may negotiate for an extended termination date until the H1B employee finds a new employer in exchange for a lower severance pay. This is just an option as many H1B visa holders find that maintaining status is more a priority than the amount of severance pay.
  1. Change Status. If the deadline to leave the country is fast approaching and  the negotiation for extended termination date is not granted, consider filing for a change of status for either a visitor visa (B2) or a student visa (F1). Or, the H1B visa may also be changed to an O1 visa which will also permit the individual to work. The standards for O1 are different from an H1B, thus requiring an advice/analysis from a legal counsel. This application for change of status must be filed within the 60 day grace period.
  1. Adjust Status. This situation is specific to those who have a U.S. citizen fiancé or are already in a relationship. They may want to consider marriage and have their spouses petition them. A simultaneous petition and adjustment of status may be filed.
  1. Consider forming a Start Up Entity. An investor visa (temporary or permanent) may be an option for a terminated H1B visa holder who has the capacity to invest in a new U.S. entity and meets the eligibility requirements set by pertinent regulations.

Realizing that thousands of talented foreign nationals are affected by these mass layoffs, there are venture capitalists and or other smaller firms, who may be sympathetic and willing to hire these H1B employees.

When all options have been exhausted and there is no such luck, or perhaps, there is not enough time to change status or find a new employer within the 60 days period, it may be best to consider leaving the United States in order to preserve one’s option of returning in the future without any negative consequence. 

(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.. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)

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Upcoming Changes to “U.S. Citizenship Test”

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The US Citizenship and Immigration Services (USCIS) is set to change the naturalization test, which is more known as the “U.S. Citizenship Test.”

In a recent statement, the USCIS says it is about to conduct a trial for the new naturalization/citizenship test. The changes concern the speaking and civics portions of the exam. 

The reading and writing parts, which are the other two portions, will stay the same.

The edits under trial come after the USCIS received calls to standardize the test as judging applicants has been subjective when it comes to the speaking and civics test.

The speaking test will be “standardized” to reflect a “typical conversation.” 

Meanwhile, the civics test will no longer be in a fill-in-the-blank format. Instead, it will be a multiple-choice exam.

These edits will make it easier to pass the exam. 

This comes after the test was criticized for being too difficult. A survey found that 2 of 3 American citizens would flunk the exam. 

From these trials, the naturalization test will further be assessed and edited.

Until then, the USCIS welcomes comments from the public about the test. Just shoot an email to natzredesign22@uscis.dhs.gov.

For tips on naturalization and how to ace your citizenship test, reach out to a trusted immigration lawyer.