Visa Lawyer Blog

Articles Posted in Parole

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donald-2911302_1280La administración Trump planea revocar la libertad condicional CHNV dejando a miles sin estatus legal

En un sorprendente giro, CBS News ha publicado nueva información sobre planes inminentes de la administración Trump para revocar el estatus legal de aquellos a quienes se les concedió un permiso de permanencia temporal en el país a base de los programas para los cubanos, haitianos, nicaragüensens, y venezolanos (conocidos como CHNV).

Se estima que más de 530,000 cubanos, haitianos, nicaragüenses y venezolanos se encuentran actualmente en los EE. UU. bajo estos programas.

¿Qué es la permanencia temporal CHNV?

El programa de permanencia temporal CHNV fue promulgado por primera vez en 2023 por la administración Biden. Al igual que el programa de permanencia temporal de “Unidos por Ucrania,” los ciudadanos de los países que calificaban (Cuba, Haití, Nicaragua y Venezuela) debían tener un patrocinador en los EE. UU., pasar verificaciónes de seguridad, y cumplir con otros criterios para obtener la admisión a los EE. UU.

A los admitidos se les concedió la entrada a los EE. UU. por un período temporal de hasta dos años, incluyendo la capacidad de solicitar autorización de empleo temporal con el Servicio de Ciudadanía e Inmigración de los EE. UU. (USCIS).

Después de la orden ejecutiva firmada por el Presidente Trump titulada “Asegurando Nuestras Fronteras,” el dia 28 de enero USCIS dejó de aceptar el Formulario I-134A, solicitud para ser patrocinador para estos programas de permanencia temporal a la espera de revisiones adicionales.

Esta fue la primera señal de problemas para el programa CHNV. También vale la pena destacar que la página web de permanencia temporal CHNV ya no está disponible en el sitio web de USCIS.

Aviso del DHS Para Revocar CHNV

Según documentos internos del gobierno revisados ​​por CBS News, el Departamento de Seguridad Nacional pronto publicará un aviso en el Registro Federal poniendo un fin a los programas de permanencia temporal de CHNV y revocando el estado de permanencia temporal de todos a quienes se les concedió la entrada a los Estados Unidos bajo los programas de permanencia temporal de CHNV.

Estas personas serán sometidas a un proceso de deportación si no tienen ningún otro fundamento legal para permanecer en el país.

Qué significa esto:

  • Aquellos cuya clasificación de permanencia temporal sea revocada y que no tengan otro estatus migratorio, serán inmediatamente inelegibles para permanecer en los Estados Unidos y ya no podrán trabajar de manera legal.
  • Deportaciones aceleradas: El Departamento de Seguridad Nacional ha ampliado los procedimientos de deportación acelerada, dirigidos a personas sin estatus legal
  • Vías legales alternativas: aquellos en los EE. UU. bajo permanencia temporal CHNV deben explorar vías legales alternativas para permanecer en los EE. UU. o prepararse para partir.

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donald-2911302_1280Trump Administration Plans Revocation of CHNV Parole Leaving Thousands Without Legal Status

In a shocking turn of events, new information has been released by CBS News about the Trump administration’s imminent plans to revoke the legal status of those who were granted humanitarian parole under the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) humanitarian parole programs.

It is estimated that more than 530,000 Cubans, Haitians, Nicaraguans and Venezuelans are currently in the U.S. under these programs.

What is CHNV Parole?

The CHNV parole program was first enacted in 2023 by the Biden administration. Much like the Uniting for Ukraine parole program, nationals from qualifying countries (Cuba, Haiti, Nicaragua, and Venezuela) were required to have a U.S.-based supporter, pass enhanced security vetting, and meet other criteria to gain admission to the U.S.

Those admitted were granted entry to the U.S. for a temporary period of up to two years, including the ability to apply for temporary employment authorization with the U.S. Citizenship and Immigration Services (USCIS).

Following President Trump’s day one executive order entitled, “Securing Our Borders,” on January 28th USCIS stopped the acceptance of Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, for these parole programs pending further review. This was the first sign of trouble for the CHNV program. The CHNV parole webpage is no longer available on the USCIS website.

DHS Notice to Revoke CHNV

According to internal government documents reviewed by CBS News, the Department of Homeland Security will soon publish a notice in the Federal Register terminating the CHNV parole programs and revoking the parole status of all who were granted entry to the United States under the CHNV humanitarian parole programs.

Such individuals will be placed in removal proceedings if they do not have any other lawful basis to remain in the country.

What this means: 

  • Those whose parole classification is revoked, and who lack another immigration status, will be immediately ineligible to remain in the United States, and can no longer work on a lawful basis.
  • Accelerated Deportations: The Department of Homeland Security has expanded expedited removal procedures, targeting individuals without permanent legal status
  • Alternative Legal Pathways: those in the U.S. under CHNV parole must explore alternative legal avenues to remain in the U.S. or prepare to depart

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library-of-congress-jPN_oglAjOU-unsplash-scaledIt has been less than 24 hours since President Donald Trump has taken office, and he has already signed into law a flurry of executive orders directly impacting immigration.

More than a dozen of these executive orders dismantle Biden era immigration policies, and usher in restrictive policies for visa seekers, asylum applicants, and undocumented immigrants.

The swift issuance of these executive orders signals a tough political climate ahead for immigration, and what is sure to be a continuance of the Trump administration’s hardline stance on immigration.

While some of these executive orders may face legal challenges, here is a summary of all the executive orders affecting immigration issued on day one of Trump’s presidency.

Executive Order: President Trump’s America First Priorities

President Trump’s first executive order entitled “President Trump’s America First Priorities,” states the following as top priorities of his administration, which touch upon immigration.

  • President Trump promises to take “bold action” to secure the U.S. border and protect communities by calling on the U.S. Armed Forces and National Guard to assist with border security
  • At the President’s direction, the State Department will have an “America-First” foreign policy
  • Ends Biden’s Catch-and-Release Policies

What it is: Catch-and-release authorized the release of individuals without legal status from detention while awaiting immigration court hearings.

  • Reinstates Remain in Mexico Policy

What it is: Known formerly as the Migrant Protection Protocol, this policy will require certain asylum seekers at the southern border to wait in Mexico for their hearings in U.S. immigration court.

  • Continues the construction of his southern border wall with Mexico
  • Prohibits asylum for individuals who have crossed the border illegally

What it is: Aims to end asylum and close the border to those without legal, to facilitate a more immediate removal process

  • Cracks down on U.S. sanctuary cities
  • Enhanced vetting and screening of noncitizen aliens seeking admission to the U.S.

What it is: The President will direct agencies to report recommendations for the suspension of entry for nationals of any country of particular concerns.

  • Expands deportation operations for aliens with a criminal record
  • Suspends the refugee resettlement program
  • Designates cartels such as the “Tren de Aragua” as foreign terrorist organizations and calls for their removal by using the Alien Enemies Act
  • Calls on the Department of Justice to implement the death penalty for illegal immigrants “who maim and murder” Americans and commit “heinous crimes”

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ai-generated-8570989_1280On October 11, 2024, the U.S. Citizenship and Immigration Services (USCIS) released updated guidance for requests to expedite travel-related documents and expedite requests relating to government interests. The guidance is effective immediately.

Who may file an expedite request?

Individuals who are located inside the United States may request that USCIS expedite the adjudication of their application, petition, request, appeal, or motion. USCIS considers expedite requests on a case-by-case basis and has the discretionary authority to approve or deny an expedite request.

The grounds that may be considered to file an expedite request include, but are not limited to, the following:

  1. Severe financial loss to a company or person

The updated guidance states that those filing an expedite request based on severe financial loss to a company or person must provide corroborating documentation supporting their request.

Where a company is involved, such evidence may include documentation proving that the company is at risk of failing, losing a critical contract, or required to lay off other employees.

For example, a medical office may suffer severe financial loss if a gap in a doctor’s employment authorization would require the medical practice to lay off its medical assistants.

Where an individual is applying for an expedite based on severe financial loss, evidence of a layoff or termination may be sufficient to establish financial loss.

For example, if an individual is unable to travel for work and this would result in job loss, an expedite might be necessary.

USCIS has said that “an individual’s need to obtain employment authorization, standing alone, without evidence of other compelling factors, does not warrant expedited treatment.”

Additionally, severe financial loss can be established if the failure to expedite would result in a loss of critical public benefits or services.

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super-6698001_1280In the complex landscape of U.S. immigration, the O-1A visa stands out as a great option for individuals with extraordinary abilities in fields such as business, sciences, athletics, or education. This visa offers a pathway for highly talented professionals to work in the United States while showcasing their exceptional expertise.

An O-1A visa petition must be supported by documentation showing receipt of a major internationally recognized award, like a Nobel Prize. However, if the applicant has not received such an award, they may still apply if they meet at least three of the following criteria:

  • Evidence of receipt of nationally or internationally recognized prizes or awards for excellence in the field.
  • Evidence of membership in associations in the field that require outstanding achievements of their members, as judged by recognized experts in the field.
  • Evidence of authorship of scholarly articles in the field, in professional journals, or other major media.
  • Evidence of published material in professional or major trade publications or major media about applicant’s work.
  • Evidence of participation on a panel, or individually, as the judge of the work of others in the field.
  • Evidence of employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
  • Evidence of commanding a high salary or other compensation for services in relation to others in the field.
  • Evidence of original contributions of major significance in the field (scientific, scholarly, or business-related).
  • Or any comparable evidence to support the beneficiary’s eligibility, if the above criteria are not readily applicable to the occupation.

“Sophia’s” O-1A Journey

In our client’s case, “Sophia” was a Marketing Development professional with over 13 years of experience, creating innovative campaigns for well-known businesses throughout the world.

In support of her O-1A visa, “Sophia,” provided ample evidence to meet more than three of the criteria, including evidence of her leading roles as a marketing professional throughout her career, memberships in prestigious organizations, judging positions in her profession, evidence of high compensation as a marketing professional, recognition in the major media, authorship of scholarly articles, and the exhibition of her work.

While “Sophia’s” immigration journey seemed to go smoothly at first, she ran into some challenges which prompted her to seek representation from our law office. In this blog post, you will learn how “Sophia” was able to bounce back and achieve success after experiencing a few hiccups along the way.

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megaphone-6587769_1280In a shocking turn of events, the Biden administration recently announced that it will not be renewing humanitarian parole protections for nationals of Cuba, Haiti, Nicaragua, and Venezuela. The CHNV parole program was first launched in October of 2022 to discourage illegal border crossings.

It previously allowed qualifying nationals and their immediate members to apply for advanced travel authorization and granted them a temporary period of parole of up to two years for urgent humanitarian reasons.

Individuals were required to have a U.S. based sponsor and pass security checks as part of the application process. Once paroled into the United States, applicants were eligible to apply for an employment authorization document (EAD) with the U.S. Citizenship and Immigration Services (USCIS).

Now the humanitarian parole program is no more. The government has said that those who came to the United States using the parole policy, will need to obtain legal status through other means before their parole period terminates to remain in the United States. Those who have no lawful basis to remain in the country beyond the parole period will be required to depart or risk being placed in removal proceedings.

According to government data, approximately 538,000 migrants have used the program to travel to the United States (214,000 Haitians, 117,000 Venezuelans, 111,000 Cubans, and 96,000 Nicaraguans).

The first group of nationals who will begin losing their parole status are Venezuelans who arrived in the U.S. through the CHNV program in October 2022. The parole periods of Cubans, Haitians, and Nicaraguans are set to begin expiring early next year.

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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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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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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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IMPORTANT ALERT: On August 26, 2024, the United States District Court for the Eastern District of Texas, in Texas v. Department of Homeland Security, Case Number 24-cv-306 administratively stayed DHS from granting parole in place under Keeping Families Together for 14 days; the District Court might extend the period of this administrative stay.

While the administrative stay is in place, USCIS will:

  • Not grant any pending parole in place requests under Keeping Families Together.
  • Continue to accept filings of Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens.

The District Court’s administrative stay order does not impact parole applications that were approved before the administrative stay order was issued by the court.

WARNING:

The court expects that good cause may exist to extend the administrative stay for additional periods through mid-October. The court is also scheduled to decide whether the plaintiff’s Motion for a Temporary Restraining Order, Preliminary Injunction, and Summary Judgment will be issued during the month of October.

Immediate Call to Action

If you are eligible for parole in place under the Keeping Families Together program, you must take immediate action and submit the online application Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, as soon as possible before time runs out. A court order may soon prohibit USCIS from accepting applications for parole in place. For assistance with your application, contact us at 619-819-9204 or text 619-569-1768 for a consultation. 

gavel-7233485_1280We bring you this breaking news to announce that on Friday, August 23, 2024, Texas along with 15 other Republican-led states filed a lawsuit in the U.S. District Court for the Eastern District of Texas, seeking to invalidate the parole in place program established by President Biden’s June executive order.

The U.S. Citizenship and Immigration Services (USCIS) began accepting applications for parole in place on Monday August 19th to keep families of U.S. Citizens together. This program allows certain undocumented spouses and stepchildren of U.S. Citizens who entered the country without inspection, to legalize their status without departing the United States.

Those eligible can apply for parole in place using the new online Form I-131F, and if approved, are given three years to apply for temporary work authorization and permanent residency. The administration estimates about 500,000 people could be eligible, plus about 50,000 of their children.

The program is meant to eliminate the need for such individuals to go through the cumbersome extreme hardship “waiver” process, which requires undocumented spouses of U.S. Citizens to receive an approved waiver from USCIS, before applying for an immigrant visa at a U.S. Consulate abroad.

Unfortunately, the Republican-led coalition is seeking to put an end to the program claiming that the Biden administration has abused their power in creating it. These states argue that only Congress has the authority to enact legislation that would authorize a program like parole in place.

Court filings also accuse the Biden administration of unlawfully creating a pathway to permanent residency for these individuals solely for political purposes, due to the fast-approaching presidential election.

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