Visa Lawyer Blog

Articles Posted in Family Visas

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ai-generated-8489042_1280New details have emerged relating to a pending lawsuit before the U.S. District Court for the Eastern District of Texas known as  Texas et. al. vs. DHS et. al., Case No. 6:24-cv-00306 (E.D. Tex.), which is currently blocking the approval of applications filed under the Biden administration’s parole in place program.

Litigation Updates

On August 26th eleven individual intervening parties who stood to benefit from the parole in place program filed a motion to intervene in the Texas lawsuit.

Thereafter, on September 3rd the Texas district court judge denied the motion to intervene. As a result, the intervening parties filed an appeal before the U.S. Court of Appeals for the Fifth Circuit claiming the lower court’s denial of the motion to intervene was unjustified.

On September 11th  the Fifth Circuit Court ordered the lower court to freeze all proceedings until they have had the opportunity to hear the intervenors appeal.

A hearing date of October 10th has been set and the court has said that no further action can be taken in the lower court until that date.

The appellate court’s order states as follows, “Meaning no criticism of the district court’s recognition of the need for prompt resolution, this panel must have an opportunity to consider the merits briefs, scheduled to be received by September 16, and to hear argument on the appeal of the denial of intervention. Accordingly, we administratively STAY proceedings in the district court pending a decision on the merits or other order of this court. The stay issued by the district court will remain in effect pending further order of this court.”

What does this mean for parole in place applications?

In the meantime, USCIS can continue accepting and processing parole in place applications under the Keeping Families Together program, but it cannot approve cases until further notice.

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learn-6874566_1280Today the U.S. Department of State’s Bureau of Consular Affairs published the October Visa Bulletin. In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

USCIS Adjustment of Status

For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of October.

For family-sponsored preference categories, USCIS will continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of October.

Highlights of the October 2024 Visa Bulletin

At a Glance

What can we expect to see in the month of October?

Employment-Based Categories

  • The Final Action date for China EB-3 Professionals and Skilled Workers will retrogress by five months, to April 1, 2020. The Date for Filing will retrogress by almost 8 months, to November 15, 2020.
  • The Final Action date for EB-3 Professionals and Skilled Workers Worldwide will advance by almost two years, to November 15, 2022. The Date for Filing will advance by one month, to March 1, 2023.
  • The Final Action date for China EB-5 Unreserved will advance by seven months, to July 15, 2016. The Date for Filing will retrogress by three months, to October 1, 2016.
  • The India EB-5 Unreserved Final Action date will advance by more than one year, to January 1, 2022. The Date for Filing will remain at April 1, 2022.

Family-Sponsored Categories

Final Action

  • F1 Mexico will advance by 7.8 months to January 1, 2003
  • F2A Mexico will advance by 1.1 months to March 8, 2021
  • F2A All other countries will advance by 1 week to November 22, 2021
  • F2B Mexico will advance by 6 months to January 15, 2005
  • F3 Mexico will advance by 5.7 months to August 22, 2000
  • F4 Mexico will advance by 2 weeks to February 22, 2001
  • F4 India will advance by 1.2 months to March 1, 2006

Dates for Filing

  • F1 Mexico will advance by 6 months to October 1, 2005
  • F2B Mexico will advance by 3 months to August 1, 2005
  • F3 Philippines will advance by 6 months to May 8, 2004
  • F3 All other countries will advance by 5.9 months to July 1, 2011
  • F4 Philippines will advance by 4 months to August 1, 2006

Now let’s dive into our analysis of the October 2024 Visa bulletin. 

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judgment-8442199_1280We have new developments to report relating to pending litigation for parole in place applications in the case Texas et. al. vs. DHS et. al., Case No. 6:24-cv-00306 (E.D. Tex.).

Yesterday evening, federal Judge J. Campbell Barker of the Eastern District Court of Texas issued a court order extending his previous administrative stay on parole in place (PIP) approvals for an additional 14-day period expiring on September 23, 2024.

The judge’s initial stay (of August 26th), which was set to expire on September 9, 2024, will now continue through September 23rd.

What does this mean for parole in place applications?

While the administrative stay is in place, those eligible for parole in place under the Keeping Families Together program can continue to submit the online Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens with the U.S. Citizenship and Immigration Services (USCIS).

USCIS will also continue to issue biometrics appointment notices to capture applicant biometrics during the administrative stay.

However, USCIS is prohibited from approving applications received for as long as the administrative stay is in place (currently until September 23rd)

This is because the Texas lawsuit challenges the legality of the Keeping Families Together program and approvals must be paused while the parties in the case make their arguments before the court, and a final ruling is made.

What’s next in the Texas lawsuit?

The court has ordered an accelerated hearing where motions for preliminary and permanent relief will be heard on September 18th.  The accelerated proceedings in this case mean that the judge could make a decision on the merits of the case in the coming months. However, despite the outcome in this case appeals are likely to be filed in district court.

Can the judge extend the administrative stay past September 23rd?

Yes. The judge may decide to extend the administrative stay past September 23rd in the future if it finds that good cause exists to do so throughout the litigation process.

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https://www.visalawyerblog.com/files/2024/09/Screen-Shot-2024-09-01-at-8.30.21-PM.png
To all of our clients and readers of our blog, without you, we wouldn’t have (or love) our jobs! So we want to just say thanks on this Labor Day weekend and wish you a safe and healthy celebration!

In observance of the Labor Day holiday our offices will be closed Monday September 2nd. We will return to our normal business hours on Tuesday September 3rd. We look forward to serving you.

Contact Us. If you would like to schedule a consultation, please text 619-569-1768 or call 619-819-9204.
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hands-7107606_1280-2

Parole in Place – Keeping Families Together Updates

As previously reported, a federal judge in Texas has temporarily blocked the Biden administration from approving parole requests under the Keeping Families Together program.

What does this mean for parole in place applications?

Due to a 14-day administrative stay handed down by District Court Judge J. Campbell Barker on August 26, 2024, in the case, Texas v. Department of Homeland Security, the U.S. Citizenship and Immigration Services (USCIS) cannot approve parole in place applications filed under the Keeping Families Together program.

The order may be extended by the judge at the conclusion of the 14-day period.

USCIS has stated on its webpage that during the district court’s administrative stay, USCIS will:

USCIS also reminds the public that the administrative stay does not affect any parole in place applications that were approved before the court’s administrative stay order was issued at 6:46 p.m. Eastern Time on August. 26, 2024.

Those who are eligible must consult with an immigration attorney as soon as possible to determine whether to proceed with applying for parole in place while applications are still being accepted by USCIS.

For more information about this lawsuit, please click here.

EB-1 Visa Updates

Recently, the State Department confirmed that all numbers in the EB-1 preference category have been utilized for fiscal year 2024 and that no further EB-1 visas/green cards will be issued for the remainder of this fiscal year which ends on September 30, 2024.

It is also foreseeable that the EB-2 and EB-4 categories will become unavailable in the near future.

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beach-4455433_1280In this blog post, we discuss what undocumented spouses and stepchildren of U.S. Citizens can expect after applying for Parole in Place using the new USCIS online application called Form I-131F.

What to Expect After Filing Form I-131F Parole in Place

Once you have properly submitted the Form I-131F using your myUSCIS online account, you will receive a I-797 receipt notice from USCIS by mail as proof that your application was submitted. This receipt notice will contain your receipt number which you can use to track your case on the USCIS case tracker.

Please note that the receipt notice can also be accessed on your myUSCIS portal

The Biometrics Appointment

Several weeks after filing Form I-131F, you will receive a biometrics appointment notice, which will indicate the date, time, and location where you must appear for USCIS to collect your fingerprints, photographs, and a signature.

Your biometrics information will be used to run a background check for criminal history, verify your identity and, and to prepare certain immigration documents (for example, an Employment Authorization Document also known as a work permit).

If USCIS has collected your biometrics information in the past, it is possible that they will reuse such information. If that is the case, USCIS will notify you via your myUSCIS online account and send you a notice by mail.

Receiving a Decision

Those who meet the eligibility criteria for parole in place under the Keeping Families Together program, will receive a discretionary grant of parole for a 3-year period.

As part of the decision-making process, USCIS will take into consideration various factors to determine whether a favorable exercise of discretion is warranted in your case such as:

  • Your criminal history
  • The existence of removal proceedings
  • Unexecuted final removal orders
  • The results of background checks, including national security and public safety vetting Positive and adverse factors presented
  • Any other relevant information available to or requested by USCIS.

Those who have any disqualifying criminal history or are found to be a threat to national security, public safety, or border security, may be denied for parole in place.

Factors such as pending criminal charges will make you ineligible for parole in place while the charge remains pending. Certain criminal convictions can also make you ineligible for parole in place under this process.  Please discuss any criminal records with an experienced immigration attorney before filing Form I-131F.

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family-1150995_1280Recientemente, el Servicio de Ciudadanía e Inmigración de los Estados Unidos (USCIS) ha proporcionado nuevos detalles sobre el permiso de permanencia temporal para cónyuges e hijastros indocumentados de ciudadanos estadounidenses, también conocido como “Manteniendo a las familias unidas.”

USCIS comenzará a aceptar solicitudes en línea para “permanencia temporal,” el 19 de agosto de 2024, utilizando un nuevo formulario electrónico llamado Formulario I-131F, solicitud de permanencia temporal para ciertos cónyuges e hijastros de ciudadanos estadounidenses. El formulario no estará disponible para enviarse por correo. USCIS le recuerda al público que cualquier solicitud recibida antes del 19 de agosto será rechazada.

Los solicitantes deben tener en cuenta que información adicional sobre el proceso de solicitud, y otra información clave se detallará en una próxima notificación del Registro Federal. 

Requisitos de elegibilidad para la I-131F Permanencia Temporal

 Un cónyuge o hijastro de un ciudadano estadounidense puede solicitar el permiso de permanencia temporal bajo este proceso si:

  • Están presentes en los Estados Unidos sin admisión ni permiso de permanencia temporal.
  • Han estado continuamente presente físicamente en los Estados Unidos:
    • Desde al menos el 17 de junio de 2014, si busca la permanencia temporal como cónyuge de un ciudadano estadounidense; O
    • A partir del 17 de junio de 2024, si busca la permanencia temporal como hijastro de un ciudadano estadounidense

Y tambien tiene:

  • Un matrimonio legalmente válido con un ciudadano estadounidense desde el 17 de junio de 2024, si busca la permanencia temporal como cónyuge de un ciudadano estadounidense; O
  • Un padre que tuvo un matrimonio legalmente válido con un ciudadano estadounidense desde el 17 de junio de 2024, y antes que el hijastro cumpliera 18 del años, si busca permanencia temporal como hijastro de un ciudadano estadounidense.
  • No tiene antecedentes penales que lo descalifiquen; y
  • No representa una amenaza para la seguridad nacional y la seguridad pública.

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family-1150995_1280New details have recently been provided by the U.S. Citizenship and Immigration Services (USCIS) regarding the Parole in Place application process for undocumented spouses and stepchildren of U.S. Citizens, also known as “Keeping Families Together.”

USCIS will begin accepting online applications for Parole in Place on August 19, 2024, using a new electronic form called Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. The form will not be available to file by mail.

USCIS reminds the public that any PIP applications received prior to August 19th will not be accepted.

Applicants should be aware that complete details about the parole application process will soon be posted in the Federal Register.

I-131F Parole in Place Eligibility Requirements

A noncitizen spouse or stepchild of a U.S. citizen may request parole in place under this process if they:

  • Are present in the United States without admission or parole
  • Have been continuously physically present in the United States:
    • Since at least June 17, 2014, if seeking parole in place as the spouse of a U.S. citizen; OR
    • As of June 17, 2024, if seeking parole in place as the stepchild of a U.S. citizen

And they have:

  • A legally valid marriage to a U.S. citizen as of June 17, 2024, if seeking parole in place as the spouse of a U.S. citizen; OR
  • A parent who had a legally valid marriage to a U.S. citizen on or before June 17, 2024, and before the stepchild’s 18th birthday, if seeking parole in place as the stepchild of a U.S. citizen
  • No disqualifying criminal history; and
  • Do not pose a threat to national security and public safety

Individuals who are granted parole under this process will receive parole for a 3-year period from the date of approval.

As long as your parole remains valid, you will be considered in a period of authorized stay, and you will be permitted to apply for adjustment of status to lawful permanent resident (a green card) by filing Form I-485 with USCIS.

Individuals granted parole are also immediately eligible to apply for an Employment Authorization Document (EAD) from USCIS and can do so by submitting a completed Form I-765, Application for Employment Authorization, using the (c)(11) category code.

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interview-7695015_1280Recently, the Department of State’s National Visa Center (NVC) released the August 2024 Immigrant Visa Backlog report, which provides data and statistics of the number of documentarily complete immigrant visa cases currently at the National Visa Center waiting for interviews, documentarily complete cases that have been scheduled for visa interviews, and those that are still awaiting visa interviews.

In this post, we compare the increase in the backlog from July to August.

According to the National Visa Center’s Immigrant Visa Backlog Report for the month of August 2024, there has been a substantial increase in the immigrant visa (IV) backlog rising from 394,835 pending cases in July to 408,937 cases in August — nearly a 3.5% increase amounting to 14,102 additional cases added to the backlog in just a one-month period. 

Additionally, when comparing the July and August Immigrant Visa backlogs, we can see that the number of immigrant visa applicants whose cases were documentarily complete and therefore ready to be scheduled for interviews decreased by 23,519 cases, from 488,285 (in July) to 464,766 (in August).

  • A case is considered documentarily complete by the National Visa Center, when the applicant has paid all necessary fees and submits all necessary documents to meet the formal visa application requirements, such that the case is ready to be scheduled for a visa interview. When a case becomes documentarily complete, the NVC sends applicants an email to notify them that their case is complete and pending scheduling at the local Consulate or Embassy.

August 2024 Immigrant Visa Backlog Report

Number of IV applicants whose cases are documentarily complete at NVC and ready for interview as of July 31 464,766
Number of documentarily complete IV applicants scheduled for August 2024 interview appointments 55,829
Number of eligible IV applicants still pending the scheduling of an interview after August 2024 appointment scheduling was completed 408,937

July 2024 Immigrant Visa Backlog Report

Number of IV applicants whose cases are documentarily complete at NVC and ready for interview as of June 30 488,285
Number of documentarily complete IV applicants scheduled for July 2023 interview appointments 53,450
Number of eligible IV applicants still pending the scheduling of an interview after July 2023 appointment scheduling was completed 394,825

Note: In Calendar Year 2019 on average, 60,866 applicants were pending the scheduling of an interview each month.

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people-4417185_1280Recently the U.S. Citizenship and Immigration Services (USCIS) announced new changes to the International Entrepreneur Rule effective October 1, 2024.

What is the International Entrepreneur Rule

The International Entrepreneur Rule (IER), was first established by the Department of Homeland Security (DHS) in 2017.

The program allows noncitizen entrepreneurs to live and work in the United States temporarily, if they can demonstrate that their businesses will provide a significant public benefit to the United States via economic benefits and job creation.

Those granted parole under the program are eligible to work for their startup companies for an initial period of 2 ½ years, and their dependents can accompany them to the United States.

The current requirements of the International Entrepreneur parole program are as follows:

  • Entrepreneurs already in the United States and those residing overseas are eligible to apply
  • Start-up entities must have been formed in the United States within the past five years
  • Start-up entities must demonstrate substantial potential for rapid growth and job creation by showing at least $264,147 in qualified investments from qualifying investors, at least $105,659 in qualified government awards or grants, or alternative evidence
  • The spouse of the entrepreneur may apply for employment authorization after being paroled into the United States
  • The entrepreneur may be granted an initial parole period of up to 2½ years. If approved for re-parole, based on additional benchmarks in funding, job creation, or revenue described below, the entrepreneur may receive up to another 2½ years, for a maximum of 5 years under the program

New Increases to Qualifying Investment Amounts

  • Initial Applications: Starting October 1st to demonstrate the businesses’ potential for growth and job creation, initial applicants will need to show at least $311,071 in qualified investments from qualifying investors, at least $124,429 in qualified government awards or grants, or, if only partially meeting the threshold investment or award criteria, alternative evidence of the start-up entity’s substantial potential for rapid growth and job creation.
  • Re-parole Applications: For those applying for a second period of authorized stay, the entrepreneur must demonstrate that the start-up entity has either:
    • Received a qualified investment, qualified government grants or awards, or a combination of such funding, of at least $622,142(currently $528,293);
    • Created at least five qualified jobs; or
    • Reached annual revenue in the United States of at least $622,142 (currently $528,293) and averaged at least 20% in annual revenue growth.

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