Dear Clients and Colleagues,

We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights:

Who is eligible for How the "Keeping Families Together" Parole-in-Place Program?

The Department of Homeland Security (DHS) recently launched the “Keeping Families Together” program, a significant step in U.S. immigration policy aimed at reuniting noncitizen spouses and stepchildren of U.S. citizens with their families. This program reflects the U.S. government's ongoing commitment to family unity, community prosperity, and national security.

What is the “Keeping Families Together” Program?

On August 19, 2024, DHS announced a new process called “Keeping Families Together,” which allows certain noncitizen spouses and stepchildren of U.S. citizens to request parole in place. This is an opportunity for individuals who might otherwise face immigration barriers to live and work lawfully in the United States without having to leave the country. This new policy has the potential to affect up to 500,000 noncitizen spouses and 50,000 noncitizen stepchildren of U.S. citizens.

Why is This Program Important?

Family unity has long been a priority in U.S. immigration policy, but the system is often filled with obstacles that can delay or prevent families from being together. Noncitizen spouses of U.S. citizens frequently face uncertainty due to difficulties within the immigration system. Many of these individuals are mothers and fathers, contributing members of society who are simply trying to maintain a stable family life in the U.S.

By reducing these barriers, the DHS hopes to achieve several objectives:

1. Family Unity: Keeping families together helps to create stable homes, which are the foundation of strong communities.
2. Economic Prosperity: Noncitizen spouses and stepchildren who are allowed to live and work legally in the U.S. can contribute to the economy by working, paying taxes, and supporting local businesses.
3. National Security: Allowing noncitizen spouses and stepchildren of U.S. citizens to come forward through this program strengthens national security by ensuring they are vetted and screened, reducing the number of individuals living in the country without proper documentation.
4. Efficient Use of Resources: By offering a streamlined process for eligible individuals, the government can focus its resources on more pressing immigration enforcement issues, improving overall efficiency in the system.

Who is Eligible for the Program?

The program is designed for noncitizen spouses and stepchildren of U.S. citizens who meet specific criteria. Here's a breakdown of the eligibility requirements:

For Noncitizen Spouses of U.S. Citizens:

• Presence in the U.S. Without Admission or Parole: The individual must be in the U.S. without having been admitted or paroled by U.S. immigration authorities.
• Continuous Physical Presence: The noncitizen spouse must have been continuously present in the U.S. since at least June 17, 2014, up to the date of filing their request.
• Legally Valid Marriage: The marriage to the U.S. citizen must have occurred on or before June 17, 2024.
• Criminal History and Security Concerns: The individual must not have a disqualifying criminal history or pose a threat to public safety, national security, or border security.
• Biometrics and Background Checks: Applicants must submit biometrics and undergo required background checks and national security vetting.

For Noncitizen Stepchildren of U.S. Citizens:

• Age and Marital Status: The stepchild must have been under the age of 21 and unmarried as of June 17, 2024.
• Presence in the U.S. Without Admission or Parole: Like the noncitizen spouse, the stepchild must be in the U.S. without having been admitted or paroled.
• Continuous Physical Presence: The stepchild must have been continuously present in the U.S. since at least June 17, 2024.
• Parent's Marriage: The noncitizen parent must have entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and the marriage must have taken place before the stepchild's 18th birthday.
• Criminal History and Security Concerns: Like noncitizen spouses, stepchildren must not have disqualifying criminal histories or pose a security threat.
• Biometrics and Background Checks: Stepchildren must also undergo biometrics and background checks.

How to Apply?

Eligible individuals can file Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, online through a myUSCIS account. The filing fee is $580, and fee waivers will not be accepted. The application process includes submitting supporting evidence, such as proof of the marriage and physical presence in the U.S., and going through the necessary security and background checks.

It's important to note that USCIS will closely review all submitted documents to ensure program integrity and prevent fraud. This includes verifying the validity of the marriage and other eligibility requirements.

What Happens Next?

If granted parole, noncitizen spouses and stepchildren of U.S. citizens can apply for lawful permanent residence (a green card) without leaving the U.S. This means that eligible individuals can continue their lives in the U.S. with more stability and security, knowing that they are on a path to lawful permanent residence.

A Broader Impact:

The “Keeping Families Together” program reflects a broader effort by the U.S. government to support families, reduce the strain on immigration enforcement resources, and enhance national security by ensuring that individuals are properly vetted. It also promotes a positive relationship with partner countries, strengthening diplomatic ties.

For U.S. communities, this policy means that many noncitizen spouses and stepchildren who are already contributing members of society will have a clearer path to legal status, allowing them to fully participate in the economy and their local communities.

By keeping families together, DHS is taking an important step toward a more humane and efficient immigration system that aligns with America's values of family unity, security, and opportunity for all.

For families navigating this new process, it's essential to stay informed, seek legal advice if needed, and take the necessary steps to apply for parole through the appropriate channels. This program offers a pathway to stability for thousands of families, reaffirming the importance of keeping families together in the U.S.

USCIS Rejections Triggered by Payment Security Measures

As the second round of the FY2025 H-1B cap lottery begins, a key factor leading to USCIS petition rejections is improper payment, which can derail the entire filing process. Even when applicants submit the correct filing fees, security features on payment methods, such as anti-fraud measures, can result in a bank's denial of payment, causing USCIS to reject the filing. These rejections, unlike denials, occur when the petition fails to meet basic acceptance criteria, such as outdated forms or insufficient payment, and can result in the case being treated as if it was never filed.

One area of concern has been credit card payments. Since USCIS started accepting credit cards by mail, banks have occasionally flagged government fee payments as potential fraud, leading to rejected filings. To prevent this, immigration attorneys, such as those at Law Offices Of Keshab Raj Seadie, P.C., advise clients to notify their credit card companies of upcoming payments to the U.S. Department of Homeland Security to reduce the chances of transactions being declined.

Similarly, checks with the “Positive Pay” security feature, designed to prevent check fraud, can also inadvertently cause problems. USCIS typically stamps checks upon receipt, which may obscure information and cause a bank to flag the check as suspicious. If not promptly addressed, the bank could deny the payment, resulting in USCIS rejecting the petition for non-payment.

These issues highlight the importance of planning ahead and taking precautions when submitting immigration petitions. By understanding the potential pitfalls of payment security features, stakeholders can take proactive steps to ensure their filings are properly processed and avoid the complications of a rejected case.

EB-3 and EB-5 Unreserved Immigrant Visa Categories Unavailable Until October 1

The U.S. Department of State has announced that the annual limits for the EB-3 and EB-5 Unreserved immigrant visa categories have been reached for fiscal year (FY) 2024. Consequently, these categories are now unavailable and will remain so until the start of the new fiscal year on October 1, 2024. This suspension means that U.S. embassies and consulates are unable to issue immigrant visas, and U.S. Citizenship and Immigration Services (USCIS) cannot approve adjustment of status applications for these categories until the fiscal year resets.

The annual immigrant visa limits will refresh with the beginning of FY 2025 on October 1, allowing USCIS to resume processing adjustment of status cases and enabling consulates and embassies to issue visas once again in the EB-3 and EB-5 Unreserved categories.

In its September Visa Bulletin, the State Department anticipated this development, citing high visa demand that could lead to exhaustion of employment-based immigrant visa limits for various categories and countries by the end of September or earlier. The agency expects that Final Action dates may advance when the new fiscal year begins, but movements will depend on actual visa demand at that time.

Step-by-Step Guide to Filing for the “Keeping Families Together” Parole-in-Place Program

The “Keeping Families Together” Parole-in-Place (PIP) program is designed to help eligible noncitizen spouses and stepchildren of U.S. citizens stay in the U.S. and eventually apply for lawful permanent residence. This guide provides a step-by-step approach to applying for parole under this program. It is highly recommended that applicants seek the assistance of experienced immigration attorneys, who can not only assist with the parole application but also prepare for the future I-485 adjustment of status application.

Step 1: Determine Eligibility

Before filing for parole, ensure that you meet the eligibility criteria:

Noncitizen Spouses:

• Present in the U.S. without admission or parole.
• Continuously present in the U.S. since at least June 17, 2014.
• Legally married to a U.S. citizen on or before June 17, 2024.
• No disqualifying criminal history and not deemed a threat to public safety, national security, or border security.

Noncitizen Stepchildren:

• Under 21 and unmarried on June 17, 2024.
• Present in the U.S. without admission or parole.
• Continuously present in the U.S. since at least June 17, 2024.
• Parent's marriage to a U.S. citizen occurred on or before June 17, 2024, and before the stepchild's 18th birthday.
• No disqualifying criminal history and not deemed a threat to public safety, national security, or border security.

Step 2: Create a myUSCIS Account:

To apply online, you need to create an account on myUSCIS. This account will allow you to file Form I-131F, track your application, and receive important updates about your case.

• Go to the myUSCIS website.
• Click on “Create an Account.”
• Follow the prompts to complete your registration.

Step 3: Complete Form I-131F:

Once you have created your myUSCIS account, you can begin filling out Form I-131F, the Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens.

• Form I-131F must be completed accurately. If filing by mail, ensure that the form is typed or written in black ink and all required fields are completed.
• Ensure that you use the current version of the form. You can download it directly from the USCIS forms page.

Tips for Filing:

• Double-check that you have filled out all the required sections of the form.
• If handwriting, use black ink and make sure your handwriting is clear.
• Do not use correction fluid, highlighters, or tape on the form.
• Make sure to sign the form; unsigned forms will be rejected.

Step 4: Pay the Filing Fee:

The filing fee for Form I-131F is $580. USCIS does not accept fee waivers for this form.

• Use the USCIS Fee Calculator to confirm the correct fee amount.
• If filing multiple forms, consider submitting separate payments for each form. If you submit one payment and one form is rejected, all forms in that submission will be rejected.

You can pay the fee online through your myUSCIS account when submitting the form electronically. For mail submissions, follow the payment instructions in the form's instructions.

Step 5: Gather Supporting Documents:

To support your parole application, gather the necessary documentation, which may include:

• Proof of continuous physical presence in the U.S. since the required date.
• Proof of your relationship to the U.S. citizen (e.g., marriage certificate for spouses or birth certificate for stepchildren).
• Copies of identification documents, such as passports or national identification cards.
• Evidence showing the legality of the marriage (for spouses) and that the marriage occurred before the stepchild's 18th birthday (for stepchildren).
• Any documentation supporting your eligibility for parole.

Make sure to submit clear, legible copies of all documents. USCIS will review all submitted documents for authenticity and may reject applications if documents appear fraudulent.

Step 6: Submit Biometrics and Undergo Background Checks:

As part of the application process, you will need to submit biometrics (fingerprints, photos, etc.) and undergo background checks. USCIS will notify you of when and where to go for your biometrics appointment.

Ensure that you attend your biometrics appointment as scheduled. Failure to do so may delay or impact your application.

Step 7: Track Your Application:

After submitting your application, track its progress through your myUSCIS account. USCIS will update your account with important notices and requests for additional information, if needed.

Step 8: Prepare for Adjustment of Status:

If your parole is granted, you may be eligible to apply for lawful permanent residence (a green card) through an adjustment of status process. This is where the assistance of an experienced immigration attorney becomes invaluable. They can help you navigate the complexities of the adjustment process, ensuring all forms and documentation are properly prepared.

Additional Filing Tips from USCIS

• Mailing: If you are filing by mail, ensure all pages of the form are complete and included. Make sure the edition date and page numbers are visible.
• Consistency: If filing multiple forms, ensure your name, date of birth, and A-Number (if applicable) are the same on each form.
• Form Errors: If you make an error on the form, start over with a clean copy. Do not use correction fluid or tape.

For more detailed tips from USCIS on filing forms by mail, visit the USCIS Filing Guidance Page.

Final Thoughts:

While the “Keeping Families Together” Parole-in-Place program offers a critical opportunity for noncitizen spouses and stepchildren of U.S. citizens, navigating the process can be challenging. We strongly encourage all applicants to seek assistance from an experienced immigration attorney who can guide you through both the parole application and the subsequent adjustment of status process. This can help ensure your application is successful and that you are on a path to legal residency in the U.S.

For any questions or legal advice, contact our office at (212) 571-6002 or send an email to [email protected] to get personalized support.

Preservation of Residency for Naturalization: Understanding Form N-470

We hope you find this information valuable. If you have any questions or require legal assistance related to any of these updates, please don't hesitate to contact us. We are here to help.

Sincerely,

Keshab Raj Seadie, Esq.
Law Offices of Keshab Raj Seadie, P.C.

Disclaimer: This newsletter is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.