Articles Posted in Unlawful Entry

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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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In this video, attorney Jacob Sapochnick answers one of your frequently asked questions: Can undocumented immigrants open their own business in the United States?

If you would like to know more about this topic, please keep on watching!

Overview

This is one of the most widely misunderstood topics of discussion in immigration. The answer is yes, any person whether documented or undocumented can start a business in the United States.

Individuals can form a Limited Liability Company (LLC) or any other corporate structure irrespective of their legal status in the United States. This is because the LLC or corporate entity is a separate entity from the individual. The LLC can obtain an Employer Identification Number, also known as an EIN from the Internal Revenue Service (IRS) for the purpose of tax administration. To obtain an EIN, the principal business must be located in the United States or U.S. territories, and the member applying for the EIN must have a valid Taxpayer Identification Number, such as a Social Security Number (SSN), Individual Taxpayer Identification Number (ITIN), or EIN.

However, if you are employed by the LLC or corporate entity without lawful authorization to work in the United States, you will be in violation of the law, however the business registration in and of itself is legal.

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In this video, attorney Jacob Sapochnick explains the process for a United States Citizen to petition his or her parents for a green card, through adjustment of status (for those lawfully residing in the U.S.) or Consular processing (for those residing overseas).

If you want to know more about the eligibility requirements to do so, and how long it is currently taking for USCIS to approve green card applications for parents, please keep on watching.

Overview

Every year, thousands of people apply for green cards in different categories. One of the most common filings are green cards for parents of U.S. Citizens.

First, let’s discuss the requirements to file your parent’s green card.

To file the green card petition for your parents, you must be a U.S. Citizen that is 21 years of age or older. As proof of your qualifying family relationship to your parent, you will be required to provide a photocopy of your birth certificate.

As the petitioner (the U.S. Citizen family member filing the green card application with USCIS), you will also be required to file what is known as the I-864 Affidavit of Support. Form I-864 is your contract with the U.S. government promising to provide adequate financial support for your parent until they become a U.S. Citizen. As part of this process, you must prove to the U.S. government that you meet 125% of the Federal Poverty Guidelines according to your household size by providing verification of employment, and income verification documents.

Finally, your parent must intend to reside in the United States upon approval and issuance of their green card.

Procedure to Apply for the Green Card

There are generally two ways to immigrate your parent to the United States depending on where they are living: (1) adjustment of status or (2) consular processing.

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In this video, attorney Jacob Sapochnick tells you everything you need to know about a brand-new government proposal seeking to issue national identification cards to undocumented immigrants as part of the “ICE Secure Docket Card Program.” Under the program, those who regularly cross the U.S. Mexico border, and those without legal status would be eligible to receive temporary identification cards, granting them access to their immigration files and information relating to removal court proceedings entirely online.

Did you know?

The Biden administration is planning to test the Secure Docket Card Program by first providing temporary I.D. cards to unauthorized immigrants who are still waiting for a final decision on their cases.

Want to know more about this exciting new proposal? Just keep on watching.

Overview

What is this new proposal all about?

The Biden administration has been busy working on a brand-new initiative to introduce a new national identification card specifically for the undocumented immigrant population. The program known as the “ICE Secure Docket Card program,” would initially grant temporary ID cards to migrants crossing the U.S./Mexico Border and then expand issuance to other types of immigrants without legal status in the United States.

What will the card include?

While the details of the pilot program are still being finalized, we know that the ID cards (known as Secure Docket Cards) will include the individual’s photo identification, biographical information including country of nationality, and contain a unique QR code that will allow the holder of the card to access immigration court information and immigration documents entirely online. This is an important step in helping modernize the immigration process, as well as making it easier for immigrants to obtain important information regarding their immigration process in the United States. The QR code will allow individuals to gain access to a portal where they can easily and conveniently update their information and check in with USCIS.

Additionally, individuals who did not previously possess a form of photo identification, can use the Secure Docket Card to access important state benefits such as health care, a driver’s license, housing, etc. The government is also calling upon the Transportation Security Administration (TSA) to allow travelers to use these cards as a form of identification when traveling by plane within the United States. It is also expected that the Secure Docket Cards will be made available to immigrants currently in detention.

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In this video, attorney Jacob Sapochnick shares recent legislation that would provide a pathway to permanent residency for certain undocumented immigrants that have resided in the United States for at least 7 years. We explain everything you need to know about this new proposal and how it might impact you.

Did you know? On July 20, 2022, several members of Congress introduced a proposed law, known as “Renewing Immigration Provisions of the Immigration Act of 1929,” that if passed would allow people who have been living in the US for at least seven years to be able to obtain their green card through “registry.”

Want to know more? Just keep on watching.

Overview

What is this bill about?

The proposed bill known as “Renewing Immigration Provisions of the Immigration Act of 1929,” introduced by Democrats Zoe Lofgren, Lou Correa, and Norma Torres, would change just one line of the Immigration and Nationality Act (INA) known as the “registry,” which was previously frozen since 1986.

“Registry,” is a section of immigration law that enables certain individuals who have been present in the United States for a specified period of time, the ability to apply for a Green Card (permanent residence), even if they are currently in the United States unlawfully.

To be eligible for a green card under the registry provisions, applicants must have entered the United States by a certain period of time, have continuously resided in the United States since entering, be a person of good moral character, and otherwise not be deportable or inadmissible to the United States.

The registry date under the Immigration and Nationality Act (INA) essentially functions as a sort of statute of limitations for illegal entry, allowing Congress to set arbitrary dates that determine which undocumented immigrants would be allowed to adjust their status to permanent residency inside the United States.

Congress first statutorily legalized the status of undocumented immigrants who arrived by 1921, then 1924, then 1928, then 1940 and finally 1972. No change in the law has been made since then. But now, Congressional democrats are seeking to adjust the registry date to open a pathway to permanent residency for millions of undocumented immigrants.

While this is only a proposal, that has not yet become law, the bill has the opportunity to create dialogue among both political parties in Congress. The first attempt at renewing the registry provisions came under the Biden administration’s Build Back Better Act, which unfortunately failed to gain enough support to become law.

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Have you ever wondered whether you can obtain a green card once you have overstayed your visa? In this video, attorney Jacob Sapochnick, answers precisely this question, along with related topics that might interest you. For instance, what should a person do once they have overstayed? What are the options to cure an overstay to obtain lawful status in the United States?

To understand more about this complicated topic, please keep on watching.

Overview

In most cases, a foreign national will come to the United States lawfully, meaning that they arrived on a valid visa type such as a student, visitor, or work visa and were inspected and admitted to the United States. Unfortunately, in some situations individuals fall out of status and overstay their period of authorized stay. Whether it is because they lost their job, failed to attend school, or could not leave the United States in time before the expiration of their I-94 arrival/departure record, there are many situations that can cause an overstay to happen.

By contrast, some individuals enter the United States unlawfully, meaning that they entered the United States without being inspected and without a valid visa. The issue of whether the foreign national entered lawfully or unlawfully is crucial when it comes to the options that may be available once an overstay has occurred.

How do I know if I overstayed my U.S. visa?

First, let’s discuss the threshold question of how one can know whether they have overstayed their visa.

This may seem like a complicated question, but in fact is very easy to resolve. A person overstays their visa if they have remained in the United States past the authorized period of stay stamped in their passport. When a person is admitted to the United States, they receive a stamp issued by a Customs and Border Protection official which provides the exact date when the individual’s period of stay expires, and consequently when they must leave the United States.

In addition to the passport stamp, foreign nationals can retrieve their I-94 arrival/departure record on the Customs and Border Protection (CBP) website which includes their most recent date of entry, and the date their period of authorized stay expires. The date of expiration is the date at which the foreign national must depart the United States. Failure to depart by the date indicated means that the applicant has overstayed their period of authorized stay.

In some cases, the I-94 stamp, or I-94 record will include the notation “D/S” most commonly for individuals on student visas. This notation means that the applicant is expected to leave the United States, when their program of study has ended. The end date of the program of study can be found on the Form I-20 Certificate of Eligibility for Nonimmigrant Student Status. Students should contact their Designated School Official for this information.

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