Articles Posted in Unlawful Entry

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On July 15, 2025, U.S. Congresswoman Maria Elvira Salazar introduced the Dignity Act of 2025 known as H.R. 4393, a bipartisan immigration bill that aims to strengthen border security in the United States, provide certain undocumented immigrants with an opportunity to legalize their status, and reform the U.S. legal immigration system.

The bill is a revised version of the Dignity Act of 2023 and has been introduced in the House of Representatives.

In this video, attorney Jacob Sapochnick breaks down each section of the Dignity Act touching on the bill’s major goals such as:

  • Border Security and Enforcement
  • Reform of the Asylum System
  • Legalization for Dreamers and Other Undocumented Immigrants
  • Benefits for American Workers and
  • Modernizing Legal Immigration

Border Security and Enforcement

The bill’s first major goal is to decrease illegal immigration with several measures aimed at strengthening border security and immigration enforcement. The bill would mandate the nationwide implementation of E-Verify to ensure that only authorized individuals are employed in the U.S., helping to deter illegal immigration through the workforce.

U.S. employers would face civil penalties for knowingly hiring individuals who are not legally authorized to work in the United States, as well as new penalties for employees and employers who knowingly submit false information through E-Verify.

The bill also funds the construction and modernization of physical and technological border infrastructure, including surveillance systems and sensors to improve detection and response capabilities at the border. Approximately $10 billion would be distributed until 2030 for the construction and modernization of ports of entry. To promote accountability, the Act includes oversight requirements for immigration enforcement agencies like ICE. Together, these provisions are designed to improve border control, discourage unlawful entry, and restore public trust in the immigration system.

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Navigating the U.S. immigration system can feel like walking through a legal minefield—especially when applying for a green card. What’s worse is that some of the most critical pitfalls are rarely discussed until it’s too late.

In this article, we’re uncovering five USCIS Green Card traps no one warns you about—from overlooked paperwork to silent deadlines that could derail your entire application.

Whether you’re applying through family, employment, or a special category, knowing these hidden risks could be the difference between receiving an approval or denial from USCIS.

#1 Incomplete or Incorrect Documents Submitted to USCIS

One of the most common and costly mistakes green card applicants make is submitting incomplete or incorrect documentation with your application. Even a small error, like a missing signature, outdated form version, or an incorrect fee, can result in delays, requests for evidence (RFEs), or even outright denial. Many applicants assume that minor details won’t matter, but USCIS officers are trained to scrutinize every page. Failing to double-check your forms, supporting documents, or filing fees can turn what should be a routine process into a months-long nightmare.

Real-Life Case Study: The Filing Fee Mistake That Led to Deportation

In a recent case, a green card applicant relied on advice from a notary who instructed them to submit a single check covering all required USCIS filing fees. Unfortunately, this was incorrect—USCIS required separate checks for different forms and was clearly stated on the form instructions. As a result, the entire application was rejected.

By the time the applicant received the rejection notice, they had already fallen out of legal status. This oversight triggered a deportation order that could have been easily avoided with proper filing.

This case illustrates how even seemingly minor administrative errors can have devastating, irreversible consequences. Always follow USCIS instructions carefully and consult a qualified immigration attorney when in doubt.

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Can ICE lawfully detain you if you have an immigration case pending with USCIS? In this video, attorney Jacob Sapochnick breaks down everything you need to know about this important topic, including your rights if an ICE agent visits your home or workplace.

To learn how to protect yourself, please keep on watching this video.

Overview

Q: Are undocumented immigrants at risk of deportation if they have a pending application or petition for an immigration benefit with the U.S. Citizenship or Immigration Services (USCIS) such as an I-130 petition, I-485 green card petition, I-360 VAWA petition, etc.?

Before we can answer this question, we must first consider how U.S. Immigration and Customs Enforcement (ICE) operates. ICE is a federal law enforcement agency operating under the Department of Homeland Security (DHS). Its primary purpose is to guard against crime at the border and enforce the nation’s immigration laws to prevent illegal immigration.

As a result, ICE agents can detain individuals that they believe are present in the United States in violation of the law. This includes individuals who overstayed their U.S. visa, those who entered the country without lawful inspection at a U.S. port of entry., and those who have committed certain immigration violations.

Therefore, having a pending application or petition for an immigration benefit with USCIS does not provide automatic protection from deportation. In fact, individuals may be detained at any stage of the immigration process.

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During these uncertain times in immigration, we bring you this informative video to summarize President Donald Trump’s recent thirteen executive actions on immigration.

Some of the highlights of this discussion include President Trump’s executive order affecting birthright citizenship, measures to enhance border security, mass deportations of undocumented immigrants, potential executive orders implementing new travel bans, and much more.

To learn more about these executive orders and how they may impact you, please keep watching.

Overview

What happened on day one of the Trump administration?

President Trump signed thirteen executive orders on the first day of his presidency, setting the tone for the start of his administration with new policies that create obstacles for certain immigrants.

EO #1 President Trump’s America First Priorities

The first of these executive orders is “President Trump’s America First Priorities,” which outlines the top priorities that we can expect to see from the Trump administration over the next four years.  

The major highlights of this order are as follows:

  • 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

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The aftermath of the presidential election has sent shockwaves throughout the immigrant community.

In just 70 days, Donald Trump is set to become the next President of the United States. That means that major changes are coming to immigration law and policy.

In this video attorney Jacob Sapochnick explains what Trump’s victory means for immigration, including his promise to execute mass deportations throughout the United States, as well as other controversial immigration policies that he is expected to implement when he takes office on January 20, 2025.

Want to know more? Just keep on watching

Overview

Mass Deportations

Throughout his campaign, Trump has called for mass deportations nationwide which he has said will be the “largest deportation effort in American history. “

It is said that his advisors are discussing whether they can declare a “national emergency,” to allow the government to call upon military officials to detain and remove undocumented migrant gang members from the United States. His campaign has also suggested ending sanctuary cities to remove suspected criminals, including drug dealers and cartel members from the population.

His promises also include hiring thousands of border patrol agents to secure the southern border to deter illegal immigration.

Trump’s Top Five Policies Targeting Immigration Law

The following are the top 5 areas where Trump’s policies will have the greatest impact in the lives of immigrants in the United States.

Immigrants should understand the potential challenges they could face under the Trump administration and consult with an experienced immigration attorney to create a plan of action in the months ahead. It is important to do so as soon as possible, because sensitive cases may call for immediate action before Trump is inaugurated.

#1 Asylum Restrictions

During Trump’s presidency in 2017, his administration was responsible for implementing widespread asylum restrictions. It is likely that his administration will re-implement many of his previous immigration policies, which limit asylum applications.

His policies are also likely to restrict asylum applications at the border, as they did during his first term in office.

Examples of Asylum Restrictions:

In 2020, the Trump administration published 7 final rules in the Federal Register to:

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In this video, attorney Jacob Sapochnick discusses the current status of parole in place applications under the Keeping Families Together program and how a new lawsuit will impact the approval of applications under the program.

To learn more, please keep on watching this video.

What is Keeping Families Together?

The Keeping Families Together program was recently established by presidential executive order to create a pathway to permanent residency for undocumented spouses and stepchildren of U.S. Citizens, who entered the country without inspection, and have been continuously present in the United States since at least June 17, 2024.

Those granted parole in place under Keeping Families Together are given three years to apply for temporary work authorization and permanent residency from inside the United States. At least 500,000 spouses, and about 50,000 of their children are set to benefit from this program.

Parole in place simplifies the green card application process by eliminating the need for spouses to apply for an extreme hardship “waiver,” and to depart the United States to attend a visa interview at a U.S. Consulate abroad.

In doing so, this process prevents prolonged family separation and enables applicants to obtain permanent residency without departing the United States.

Federal Judge Temporarily Halts Parole in Place Program

On August 19, 2024, the U.S. Citizenship and Immigration Services (USCIS) began accepting online applications for parole in place, using a new electronic form called Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens.

Several days later, the state of Texas along with 15 other states filed a lawsuit challenging the legality of the program.

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In this video, attorney Jacob Sapochnick discusses the new parole in place program for undocumented spouses and stepchildren of U.S. Citizens recently announced by the Biden administration.

In this video you will learn about the parole in place application process, who is eligible to apply, and what will happen to those with pending extreme hardship waivers with USCIS.

Overview

On August 19, 2024, the United States Citizenship and Immigration Services (USCIS) began accepting applications for parole in place for undocumented spouses and stepchildren of U.S. Citizens under a new program called Keeping Families Together.

Applications for this program may now be submitted online using a new online electronic form called Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, by creating a myUSCIS online account. Paper filings sent by mail will not be accepted by USCIS.

The fee to apply for parole is $580. No fee waivers or fee exemptions are available for this process at this time.

What is parole in place?

Parole in place is a discretionary authorization issued for a 3-year period, that allows certain noncitizens who are present in the United States without admission or parole to become “applicants for admission.”

If granted parole, these individuals may apply for adjustment of status to lawful permanent residence (green card holder) during the parole period, without being required to leave the United States and be processed by a U.S. consulate overseas.

Previously, undocumented spouses of U.S. Citizens who entered without inspection, were required to travel outside the United States to legalize their status through an extreme hardship “waiver” process which required a face-to-face interview at a U.S. Consulate abroad. This process has been very challenging on families because approval of the hardship waiver can take several years and lead to prolonged family separation.

It is estimated that as many as 500,000 noncitizen spouses of U.S. citizens could be eligible for parole in place, and an additional 50,000 noncitizen stepchildren of U.S. citizens.

What are the eligibility requirements for parole in place?

To be considered for a discretionary grant of parole in place under Keeping Families Together, you must meet the following eligibility criteria:

If you are the noncitizen spouse of a U.S. citizen, you must:

  • Be present in the United States without admission or parole (entered without lawful inspection);
  • Have been continuously physically present in the United States since at least June 17, 2014, through the date of filing your request;
  • Have a legally valid marriage to a U.S. citizen on or before June 17, 2024;
  • Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and
  • Submit biometrics and undergo required background checks and national security and public safety vetting.

If you are the noncitizen stepchild of a U.S. citizen, you must:

  • Have been under the age of 21 and unmarried on June 17, 2024;
  • Be present in the United States without admission or parole (entered without lawful inspection);
  • Have been continuously physically present in the United States since at least June 17, 2024, through the date of filing your request;
  • Have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before your 18th birthday;
  • Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security*; and
  • Submit biometrics and undergo required background checks and national security and public safety vetting.

Please read the frequently asked questions on the USCIS webpage here.

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In this video, we share some big news recently announced by the Biden administration.

The President has issued a new executive action on immigration that will soon allow undocumented spouses of U.S. Citizens to apply for permanent residence without having to depart the United States, if they have resided in the United States for at least ten years as of June 17, 2024.

Who does this apply to?

This order applies to undocumented spouses of U.S. Citizens who entered the country without inspection and have continuously resided in the United States since their entry.

Later this summer, the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) will implement Biden’s new program called “parole in place” which will allow such undocumented spouses to apply for their green cards.

Those who are approved for “parole in place” will be given a three-year period to apply for permanent residency. During this period, spouses can remain with their families in the United States and be eligible for work authorization.

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In this video, attorney Jacob Sapochnick discusses the top 5 reasons a U.S. immigrant may be subject to deportation in the year 2024 and how to avoid falling into these circumstances.

If you would like to know more about this topic, we invite you to watch our video.

Overview

There are several reasons that may lead immigration to start the process of deporting an immigrant from the United States to their country of origin. Removal may occur because of certain actions undertaken by the foreign national that violate the immigration laws of the United States.

One of the most common scenarios is where the foreign national did not have the right to be in the United States in the first place. But this is not the only reason a person may be subject to deportation. Other reasons may include crossing the border illegally or even overstaying a U.S. visa beyond your authorized period of stay.

Here we discuss the top 5 most common reasons that may lead to deportation.

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Former President Donald J. Trump has launched his campaign for a second presidential term in 2024. His announcement creates important implications for immigration considering that he is likely to win the Republican nomination in the presidential race.

In this video attorney Jacob Sapochnick tells you all you need to know about his contentious new immigration plan, ahead of the election.

Overview

It is no secret that during his presidential term Donald Trump took a hardline stance on immigration which led to restrictive immigration policies that impacted thousands of immigrants and nonimmigrants worldwide.

As part of his presidential campaign, Trump recently unveiled his immigration proposals, including new measures that would create further challenges for immigrants to obtain visas to the United States. If he were to be re-elected to the office of the President, such measures would be concerning for people everywhere.

What are some of Trump’s immigration proposals if he were re-elected in 2025?

Among Donald Trump’s immigration proposals, he seeks to prioritize securing the U.S. border to prevent illegal immigration to the United States from Mexico, as well as passing a host of controversial policies limiting legal immigration.

Getting Tough on the U.S. Mexico Border

  • Trump proposes a naval blockade by the Coast Guard and U.S. Navy to stop drug smuggling boats in U.S.-Latin America waters.
  • Drug cartels would be designated as “unlawful enemy combatants,” which would allow U.S. military intervention in Mexico.
  • Completion of the Southern border wall which was part of his immigration agenda as President

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