Latest Developments in
Immigration Law
New Deal KEEPING FAMILIES TOGETHER File online; Create USCIS Account
On Aug. 19, USCIS will begin accepting requests for, using a new electronic form, Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. Form I-131F will not be available on uscis.gov until Aug. 19. USCIS is not accepting any other form for Keeping Families Together. Do not file a request for parole in place under this process before Aug. 19, 2024.
We are publishing a Filing Guide for Form I-131F on the Keeping Families Together webpage. This guide will help individuals as they prepare to file a request for parole in place through the online process. We have also updated the Key Questions and Answers about the process on the Keeping Families Together webpage. More information about Keeping Families Together will be made available in a Federal Register notice in the coming days.
Form I-131F will only be available to file online. Each requestor, including minors, must file a separate Form I-131F, and each requestor must have their own USCIS online account, including minors. Information on creating a USCIS online account is available on the How to Create a USCIS Online Account webpage. There is no paper form for this process.
Here are BASIC REQUIREMENTS (subject to change – for the better!!):
• 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.
Make an appointment today to take advantage of this filing opportunity!
RESIDENT STATUS for certain SPOUSES OF US CITIZENS!
DHS announced on June 17, 2024 that it “will establish a new process to consider, on a case-by-case basis, requests for certain noncitizen spouses of U.S. citizens who have lived in the United States for 10 years or more; do not pose a threat to public safety or national security; are otherwise eligible to apply for adjustment of status; and merit a favorable exercise of discretion. If eligible, these noncitizens will be able to apply for lawful permanent residence without having to leave the United States…. Children of these spouses also will be eligible for this process.” Stepchildren also qualify under the new process, but the step relationship must have been created before the children reached 18 years of age.
“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.
Further information regarding eligibility and the application process, including a notice in the Federal Register, will be published in the near term. USCIS will reject any filings or individual requests received before the date when the application period begins later this summer.”
Mandatory: pay bonds online
Foreign nationals detained by ICE may be released upon payment of a cash bond. The bond may be paid at ICE with a cashier’s check. It was a simple matter of walking into an ICE office to pay. That was before. Effective June 1, 2023, ICE no longer accepts walk-in payments for bonds. The new way is to navigate to cebonds.ice.gov and pay online. It’s called CeBonds Who can post the cash bond on behalf of foreign nationals in detention? These folks: US citizens, LPRs, Law firms, Nonprofit Organizations. There are preliminaries: gather your US passport and know your SSN to post the bond as an individual; for law firms or organizations, show the IRS letter verifying the EIN. Payments may be made via ACH or Federal Wire, but the bank routing number has not been working well. Just be aware that the system is learning to be smooth and needs your patience and understanding. Soon it will be easy-peasy; like self-checking at stores!!!
Automatic Extension of Work Permits for For Hong Kong residents
Hong Kong residents eligible for Deferred Enforced Departure are eligible for an automatic extension of employment authorization for 24 months, until Feb 5, 2025. See official USCIS notification here:
https://www.uscis.gov/humanitarian/deferred-enforced-departure/ded-covered-country-certain-hong-kong-residents
If you have any question, call USCIS 1-800-375-5283 or schedule an appointment at www.jwulaw.com to confer with Attorney Jon Wu. He has been actively engaged in law practice since 1973!!
Relief for Afghan Nationals: Humanitarian Parole
Overview
Humanitarian parole authorizes an individual to temporarily enter the United States when there is an urgent humanitarian reason or significant public benefit. See INA section 212(d)(5)). Parole requests are discretionary and reviewed on a case-by-case basis. Anyone may request parole for himself or herself, or on behalf of another individual.
What is Adjustment of Status?
Adjustment of status allows people who currently have a non-immigrant status in the United States (such as a student or a worker’s visa) to apply to become a lawful permanent resident of the United States without leaving the US. In order to eventually become a citizen of the United States, you must first become a lawful permanent resident.