Consumer Advisory: Deferred Action for Childhood Arrivals (DACA) Program Ending

September 11, 2017 by  
Filed under Deferred Action, Features

USCIS Update to Forms 2017

January 3, 2017 by  
Filed under Attorneys, Features

Update to Form I-602, Application By Refugee For Waiver of Grounds of Excludability
12/30/2016 02:00 PM EST

New edition dated 12/19/16. Previous editions accepted. You can find the edition date at the bottom of the page on the Form and Instructions.

Update to Form I-134, Affidavit of Support
12/30/2016 01:56 PM EST

New edition dated 11/30/16. Starting 02/27/17, USCIS will only accept the 11/30/16 edition. Until then, you can use the 02/19/14 edition and other previous editions.

Update to Form I-90, Application to Replace Permanent Resident Card
12/27/2016 12:10 PM EST

New edition dated 12/23/16. No previous editions accepted. You can find the edition date at the bottom of the page on the Form and Instructions.

Update to Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document
12/27/2016 12:09 PM EST

New edition dated 12/23/16. No previous editions accepted. You can find the edition date at the bottom of the page on the Form and Instructions.

Update to Form I-129, Petition for a Nonimmigrant Worker
12/27/2016 12:09 PM EST

New edition dated 12/23/16. Previous editions dated 08/13/15, 03/26/15 and 10/23/14 also accepted. You can find the edition date at the bottom of the page on the Form and Instructions.

Update to Form I-129F, Petition for Alien Fiancé(e)
12/27/2016 12:07 PM EST

New edition dated 12/23/16. No previous editions accepted. You can find the edition date at the bottom of the page on the Form and Instructions.

Update to Form I-130, Petition for Alien Relative
12/27/2016 12:06 PM EST

New edition dated 12/23/16. No previous editions accepted. You can find the edition date at the bottom of the page on the Form and Instructions.

Update to Form I-131A, Application for Travel Document (Carrier Documentation)
12/27/2016 12:06 PM EST

New edition dated 12/23/16. No previous editions accepted. You can find the edition date at the bottom of the page on the Form and Instructions.
Update to Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal
12/27/2016 12:04 PM EST

New edition dated 12/23/16. No previous editions accepted. You can find the edition date at the bottom of the page on the Form and Instructions.

Update to Form I-290B, Notice of Appeal or Motion
12/27/2016 12:03 PM EST

New edition dated 12/23/16. No previous editions accepted. You can find the edition date at the bottom of the page on the Form and Instructions.

Update to Form I-485, Application to Register Permanent Residence or Adjust Status
12/27/2016 12:02 PM EST

New edition dated 12/23/16. No previous editions accepted. You can find the edition date at the bottom of the page on the Form and Instructions.

Update to Form I-526, Immigrant Petition by Alien Entrepreneur
12/27/2016 12:01 PM EST

New edition dated 12/23/16. No previous editions accepted. You can find the edition date at the bottom of the page on the Form and Instructions.

Update to Form I-539, Application To Extend/Change Nonimmigrant Status
12/27/2016 12:00 PM EST

New edition dated 12/23/16. No previous editions accepted. You can find the edition date at the bottom of the page on the Form and Instructions.

Update to Form I-600, Petition to Classify Orphan as an Immediate Relative
12/27/2016 11:58 AM EST

New edition dated 12/23/16. No previous editions accepted. You can find the edition date at the bottom of the page on the Form and Instructions.

Update to Form I-600A, Application for Advance Processing of an Orphan Petition
12/27/2016 11:57 AM EST

New edition dated 12/23/16. No previous editions accepted. You can find the edition date at the bottom of the page on the Form and Instructions.

Update to Form I-698, Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of the INA)
12/27/2016 11:55 AM EST

New edition dated 12/23/16. No previous editions accepted. You can find the edition date at the bottom of the page on the Form and Instructions.

Update to Form I-751, Petition to Remove Conditions on Residence
12/27/2016 11:54 AM EST

New edition dated 12/23/16. No previous editions accepted. You can find the edition date at the bottom of the page on the Form and Instructions.

Update to Form I-690, Application for Waiver of Grounds of Inadmissibility
12/27/2016 11:53 AM EST

New edition dated 12/23/16. No previous editions accepted. You can find the edition date at the bottom of the page on the Form and Instructions.

Update to Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative
12/27/2016 11:51 AM EST

New edition dated 12/23/16. No previous editions accepted. You can find the edition date at the bottom of the page on the Form and Instructions.

Update to Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country
12/27/2016 11:50 AM EST

New edition dated 12/23/16. No previous editions accepted. You can find the edition date at the bottom of the page on the Form and Instructions.

Update to Form I-817, Application for Family Unity Benefits
12/27/2016 11:50 AM EST

New edition dated 12/23/16. No previous editions accepted. You can find the edition date at the bottom of the page on the Form and Instructions.

Update to Form I-824, Application for Action on an Approved Application or Petition
12/27/2016 11:49 AM EST

New edition dated 12/23/16. No previous editions accepted. You can find the edition date at the bottom of the page on the Form and Instructions.

Update to Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant
12/27/2016 11:46 AM EST

New edition dated 12/23/16. No previous editions accepted. You can find the edition date at the bottom of the page on the Form and Instructions

Update to Form N-565, Application for Replacement Naturalization/Citizenship Document
12/27/2016 11:35 AM EST

New edition dated 06/21/16. No previous editions accepted. You can find the edition date at the bottom of the page on the Form and Instructions.

Update to Form N-600, Application for Certificate of Citizenship
12/27/2016 11:34 AM EST

New edition dated 12/23/16. No previous editions accepted. You can find the edition date at the bottom of the page on the Form and Instructions.
For more information, please visit our Forms Updates page.

Parole in Place

December 13, 2013 by  
Filed under Families, Features

PIP Marine_Salute 4

Practice Pointer: Understanding the November 15, 2013
Policy Memorandum on Parole of Certain Military Family Members
December 10, 2013

By: The AILA Military Assistance Program Task Force

On November 15, 2013, U.S. Citizenship and Immigration Services (USCIS) issued a memorandum
amending the USCIS Adjudicator’s Field Manual “to ensure consistent adjudication” of parole requests
made on behalf of certain military family members.1 The memo states that, generally, it would be an
appropriate exercise of discretion to grant “parole in place” to the spouses, children, and parents of active
duty military personnel, reserve members, and veterans, who are already physically present in the United
States without inspection or admission. The policy is intended to ease the stress and anxiety placed upon
military service members and veterans that is caused by the lack of immigration status of their close
family members in the U.S.

This much-needed memo formally addresses many of the issues that were left to interpretation following
the August 30, 2010 letter from DHS Secretary Janet Napolitano to Rep. Zoe Lofgren and other members
of Congress.2 That letter emphasized DHS’s commitment to assisting military families, and listed several
tools, including parole, that DHS could use to help military dependents secure permanent immigration
status.

Eligibility for Parole in Place:

The decision to grant parole in place is discretionary under INA §212(d)(5)(A). The November 15, 2013
parole memo states that the fact that an individual is a spouse, child, or parent of an active duty member
of the U.S. Armed Forces, member of the Selected Reserve of the Ready Reserve, or veteran who
previously served in the U.S. Armed Forced or Selected Reserve of the Ready Reserve “weighs heavily in
favor of parole in place.” Unlike the August 30, 2010 Napolitano letter, the November 15, 2013 parole
memo includes veterans in the class of individuals who can request parole in place for family members.3
The memo further notes that “[a]bsent a criminal conviction or other serious adverse factors, parole in
place would generally be an appropriate exercise of discretion for such an individual.”4 As of the date of
this practice pointer, it is unclear what type of criminal conviction or “other serious adverse factor” would
prevent USCIS from favorably exercising discretion.

Validity Period of a Parole in Place Grant:

The memo states that, if USCIS decides to grant parole in place, the parole is valid for one year with reparole
as appropriate.

Eligibility for Adjustment of Status:

The November 15 memo also clarifies that a person who has been granted parole in place will be eligible
to apply for adjustment of status if the only barrier to adjustment was the lack of inspection and admission
or parole. The memo is clear: “[a]n alien who entered the United States without inspection, but
subsequently receives parole, is not inadmissible under either of the two inadmissibility grounds
contained in INA §212(a)(6)(A)(i).” Therefore, once USCIS grants parole in place, INA §245(a), which
requires that an applicant be “inspected, admitted or paroled” is satisfied. However, the individual must
still satisfy all of the other requirements for adjustment of status, including maintenance of status under
INA §245(c)(2), if he or she is not an immediate relative or the provisions of INA §245(k) do not apply.
Note that parole in place eliminates only the grounds of inadmissibility found in INA §212(a)(6)(A)(i) for
the purpose of adjustment of status. All other grounds of inadmissibility must still be overcome.

What to Include With a Parole in Place Request:

When preparing a parole in place request, attorneys should include the following:

Form I-131, Application for a Travel Document. Note that the memo specifies that NO FEE is
needed.6 Please see the FAQ section at the end of this practice pointer regarding how to properly
complete the I-131.

Evidence of the qualifying family relationship, such as birth certificates, marriage certificates, or
other documentation deemed appropriate to establish the relationship.

Evidence that the applicant for parole in place is the spouse, parent or child of a U.S. military
service member or veteran. If the military service member is currently serving, he or she must be
on active duty or be a member of the Selected Reserve of the Ready Reserve. Such evidence can
include a copy of the front and back of the DD 1173 (service member’s ID card), military orders,
or other pertinent documentation.

Two passport style photographs of the qualifying family member.

Evidence of any additional, favorable discretionary factors that the applicant would like
considered.

Where to File a Parole in Place Request:

The parole in place request, including all documents listed above, should be filed with the director of the
USCIS office with jurisdiction over the qualifying relative’s place of residence.7 Once the appropriate
office is determined, clearly mark the package as a parole in place request, and include a copy of the
November 15, 2013 memo to avoid rejection of the package upon filing. Individuals may also hand-file
the application by making an InfoPass appointment.

FAQs on Filing a Parole in Place Request:

1. Can the I-130/I-485 be filed together with the Parole in Place request?
Until further guidance is provided by USCIS, filing the I-130/I-485 at the same time as the parole
in place request does not appear to be appropriate or practical. In order for the qualifying family
member to be eligible to adjust status under INA §245, parole must first be granted. Therefore, to
avoid rejection by the lockbox, individuals should file the I-130/I-485 with the lockbox only after
parole in place has been granted and an I-94 evidencing parole has been issued to the applicant.
This process would also avoid the unnecessary loss of filing fees should parole in place be
denied.

2. Can an I-765 application for employment authorization be filed with the I-131 parole in place
application?

Though the parole memo does not specify that filing an I-765 with the I-131 is allowed, 8 CFR
§274a.12(c)(11) permits the grant of employment authorization to an alien who has been paroled
into the United States for emergent reasons or in the public interest. However, parole in place
requests are filed at the local USCIS field offices which have no ability to generate EADs.
Therefore, filing an I-765 with the I-131 is likely not feasible in practice. It may be more prudent
to file the I-765 application with the I-130/I-485 application package once the parole in place
request is approved. Alternatively, once parole has been granted, a person may file an I-765 with
the lockbox pursuant to 8 CFR §274a.12(c)(11).

3. What crimes prevent the favorable exercise of discretion for a parole in place application?
The memo does not say what criminal convictions would prevent the favorable exercise of
discretion. However, the memo does state that absent “a criminal conviction or other serious
adverse factors” (emphasis added), parole would generally be an appropriate exercise of
discretion. This wording seems to indicate that: 1) one criminal conviction may be sufficient to
deny parole in place; and 2) when read in context with “other serious adverse factors” that the
crime may have to be a “serious” offense. Clarification of the question whether any criminal
conviction will render an individual ineligible for parole in place is being sought.

4. What about qualifying relatives who live with the service member abroad and have a prior
immigration violation which prevents admission to the United States?
The memo is clear that only qualifying family members who are in the United States are eligible
for parole in place.

5. On Form I-131, under “Part 2, Application Type,” there is no box to check that indicates the
applicant is applying for parole in place. How do I let the local USCIS office know that we are
requesting parole in place on the I-131 form?

AILA suggests that applicants check off box 1d (“I am applying for an Advance Parole
Document to allow me to return to the United States after temporary foreign travel”) under “Part
2, Application Type,” and write “Parole in Place” in red ink next to the description. Then, under
Part 4, Information About Your Proposed Travel, Question 1a, Purpose of Trip, the applicant
would write “Parole in Place (PIP)” again on this line. To answer Part 4, Question 1b, List the countries you intend to visit, the applicant should write “N/A.” Applicants should be sure that the
USCIS office adjudicating the I-131 understands that the applicant is submitting a parole in place
request.

6. What is the Selected Reserve of the Ready Reserve?
The Ready Reserve is comprised of military members of the Reserve and National Guard,
organized in units, or as individuals, liable for recall to active duty to augment the active
components in time of war or national emergency (10 USC §§12301(a), 12302). The Selected
Reserve consists of those units and individuals within the Ready Reserve designated by their
respective Services and approved by the Chairman, Joint Chiefs of Staff, as so essential to initial
wartime missions that they have priority over all other Reserves. All Selected Reservists are in an
active status. 10 USC §10143. Most members of the Army National Guard and Air National
Guard are in the Selected Reserve of the Ready Reserve, as are persons who perform paid duty
each year in the Army Reserve, Air Force Reserve, Navy Reserve, Marine Corps Reserve, and
Coast Guard Reserve. The Selected Reserve of the Ready Reserve does not include inactive or
retired Reservists.

Half of eligible immigrants sign up for deferred deportation program

August 14, 2013 by  
Filed under Families, Features

By Cindy Carcamo

August 14, 2013, 7:00 a.m.

TUCSON — Stifled by a variety of obstacles — from fees to fear — fewer than half of those eligible for immigration relief have taken advantage of an Obama administration program launched a year ago, according to a new study.

About 49% of those eligible have applied for a work permit and a two-year reprieve from possible deportation, according to the Migration Policy Institute, a think tank in Washington D.C. that studies the worldwide movement of people.

This week marks the one-year anniversary of the implementation of the Deferred Action for Childhood Arrivals program, which is intended to protect a group of people who came to the United States as children and stayed illegally.

Currently, 1.09 million people in the nation qualify for the program, which halts the deportation of those who are under 31-years-old and meet certain requirements, the institute reported. An estimated 538,000 have applied for the program, according to the institute, which used U.S. Citizenship and Immigration Services data paired with Census Bureau statistics for its findings.

The study’s results didn’t surprise Carmen Cornejo, an adviser with The Arizona Dream Act Coalition.

Cornejo said that one of the biggest impediments for those who are in the country illegally and qualify for the program can be linked to the $465 fee. It can be financially out of reach for many low-income families, she said. Sometimes the expense can spike with complicated cases that require an attorney.

“Some of the families practically don’t have money,” Cornejo said. “They are still saving for the fees for their sons and daughters.”

Also, some would-be applicants are misinformed and scared that immigration officials may use their information to track down family members who are currently in the country illegally and who cannot qualify for the program, she added.

In Cornejo’s state of Arizona, 58% of the 33,000 who are currently eligible to apply in the state have done so, according to the institute. In other southwestern states, the application rates are lower.

California stands at 49%, while Texas comes in at 54%, according to the institute, which looked at 10 states with the largest number of potential beneficiaries of the program.

In addition, it appears that application rates of people born in Mexico and Central America were especially high, compared to other countries, according to the report. For instance, 64% of Mexicans eligible for the program put in an application while only about 14% from the Dominican Republic had done the same.

Currently, immigration officials have denied 1% — a little more than 5,000 — of all applications. Nearly 75% have been approved. The rest await a decision, the report said.

Update:

May 1, 2013 by  
Filed under Citizenship, Features

Starting Monday, May 6, 2013, USCIS will implement Customer Identity Verification (CIV) in its field offices. Individuals will now be required to submit biometric data, specifically fingerprints and photographs, when appearing at USCIS offices for interviews or to receive evidence of an immigration benefit. CIV will help to both defend against threats to national security and protect customers from identity fraud by enhancing the agency’s ability to verify identity.

Next Page »

This information provided is not intended to replace the advice of an attorney but is merely provided as a public service. Each immigration case is different. For more information, consult with Thomas Esparza, Jr., Board Certified Specialist in Immigration and Nationality Law with more than 32 years of experience.
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