USCIS has reportedly issued an internal memo pausing the processing of immigration applications (such as I-589, I-485, and TPS) filed by individuals who entered the U.S. under Biden-era special parole programs, including U4U, CHNV, and Family Reunification Parole (FRP). The memo has not been publicly released, but multiple reputable sources confirm its existence. The pause is reportedly intended to address fraud concerns and enhance vetting procedures.
This suspension prevents affected parolees from obtaining lawful status through USCIS, leaving them vulnerable to removal once their parole expires. If placed in standard removal proceedings, they may apply for limited forms of relief, such as asylum, but must face an adversarial process with an ICE prosecutor.
Immigration judges cannot grant certain reliefs, like TPS. If subjected to expedited removal, their only recourse is to establish a credible fear of return to avoid immediate deportation.
The long-term impact of this policy remains uncertain.
]]>The Bradenton Community, Pinellas County, and Tampa Bay as a whole have come together to assist Afghan refugees in the area overcome obstacles to smooth resettlement in Florida.
We, at Dubrule & Nowel, are so happy to announce that we are working in tandem with non-profits in the area to provide immigration legal assistance to many of these strong Afghan families. Although most of that work is done in connection to asylum applications and applications for TPS, we were recently able to secure a green card for Norman Raoufi!
Check out this article from The Bradenton Herald for more on Norman’s story.
If you or a friend need assistance with asylum, TPS, or other immigration applications, do not give up! Contact Dubrule & Nowel today to see what will work for your family!
*Story shared with client’s permission
]]>1) There is an urgent humanitarian reason, or;
2) There is a significant public benefit for having you in the United States.
Common reasons for requesting humanitarian parole are a medical emergency, going to court, family reunification, funeral arrangements, or other emergency circumstances.
An advantage to humanitarian parole is that it allows someone to enter the United States, for purposes of the emergency, despite otherwise being inadmissible to the United States. However, it is important to remember that humanitarian parole is not a way to avoid normal immigration procedures. It is only to be used if there is an urgent issue currently at play. Therefore, if you do not have an urgent humanitarian basis for your request, you should not apply for humanitarian parole.
How do I request it?
You can apply for humanitarian parole yourself, through an attorney, or on behalf of someone else.
To submit a request for humanitarian parole, a person must send a request to the United States Citizenship and Immigration Services office (“USCIS”). If you are currently in removal proceedings, the request should be sent to United States Immigration and Customs Enforcement (“ICE”).
Granting your request is at the discretion of the reviewing officer. That means that, based on your evidence and the type of emergency, the officer has the authority to deny your case if they believe your request and the supporting evidence is insufficient.
When making a request for humanitarian parole, supporting evidence of your compelling humanitarian issue is vital. For example, if making a request based on a medical emergency, an applicant should be prepared to provide evidence of their medical issue, treatments available, concrete plans for obtaining that treatment, evidence of financial support for their treatment, and a reason why the treatment cannot be obtained in their home country or a different location.
Regardless of the specific reason for the request, the more evidence you can demonstrate, the stronger your case may be, so documentation will be vital.
When will I get a decision and how long will my parole last?
Currently, humanitarian parole requests are being processed within 90 days of receipt. However, you may request that your case be expedited.
If granted, you will be allowed to remain in the United States for a specific length of time – often based on your emergency. If you believe your emergency will extend past the time of your authorized stay, you must reapply.
Can I become a permanent resident if I’m granted humanitarian parole?
No. Parole on its own is not a pathway to residency or citizenship. Speak with one of our attorneys to check out all of your options.
Humanitarian parole is a great option for an emergency trip to the United States. Contact Dubrule & Nowel today to see if it will work for you!
]]>Here are the basic requirements:
are you a U.S. citizen?
are you 21?
are your parents undocumented?
If so, you may be able to petition for your parents and get them a green card!
We will take a look at the 2 most common situations:
OPTION 1: My parents used a visa to come into the United States
If your parents came to the United States with a visa, a border crossing card or were paroled at the border, they may be eligible to adjust status (get a green card) without leaving the United States. When you turn 21 you can petition for them and begin their process to lawful status!
OPTION 2: My parents did not have permission to enter the United States
If your parents came into the United States without permission, they will not be able to adjust status based solely off of your petition. HOWEVER, there may be other options available! If their parents (your grandparents) have papers, if your parents have been a victim of a crime, or if they can obtain parole, they may still be able to become permanent residents with your help. Call us today to review their options which may include:
parole-in-place (military, Cuban, etc.)
No matter the situation, there may be options available. Do not give up! Contact Dubrule & Nowel today to see what will work for your family!
]]>- Secretary of Homeland Security Alejandro N. Mayorkas
On September 30, 2021, the U.S. Government announced that, rather than focusing their energy on noncitizens who are assets to our communities and country, the Department of Homeland Security would prioritize the arrest and removal of the following noncitizens:
Threats to National Security;
This includes people who may be involved in terrorism or espionage.
Threats to Public Safety; and
This can include people who have criminal histories. However, the government has pledged to consider the totality of the circumstances in each person’s case, including age, severity of the crime, time since conviction, and length of time in the United States.
Threats to Border Security.
This includes people who are caught entering the United States without permission or people who are later caught and who entered the United States after November 1, 2020.
This is great news for noncitizens who are in court proceedings and want to terminate their cases. For people that are found not to be an enforcement priority, opportunities such as prosecutorial discretion and release from detention are now available. And because the DHS attorneys must consider all of the factors in your case, you may be eligible for this relief even if you have an unlawful entry or a criminal background.
Unfortunately, the implementation of these enforcement priorities has been sporadic and seems to be at the whim of each individual DHS office. Working with experienced attorneys in order to terminate your case before the immigration judge gives you the best chance to remain in the United States.
If you have any questions about getting prosecutorial discretion in your case, contact Dubrule & Nowel, PLLC for your consultation and to being the process towards cancelling your removal / deportation proceedings.
For more information and to read the full Memorandum on Enforcement Priorities, click here.
]]>His biggest plan yet is his 8 year path to citizenship. It is important to remember that this plan is not yet the law. However, it has the potential to help millions of people. Therefore, I want to give you a break-down of what we might be looking at going forward.
This bill will be hundreds of pages long and the details are not yet clear. What we know so far is that Biden will attempt to create a 5 year path to getting a green card if you are currently undocumented or in the United States without status. For those ~11 million people, the government will review numerous factors, including criminal history and whether the intending immigrant has paid their taxes. After being deemed eligible, immigrants would be granted their green card.3 years later, they would then be eligible for citizenship.
The administration is also looking at an even faster path for DACA recipients, people on TPS, and agricultural workers.
CMN Law, L.L.C. will be closely following these updates and notifying you as the administration takes action. Contact us today so that we can review your current options and let you know as soon as there is a change in law that may affect your case.
]]>The eligibility requirements for DACA remain the same. In order to qualify you must have been under the age of 31, physically present, without lawful status on June 15, 2012 and:
Have resided continuously in the U.S. since June 15, 2007;
Had come to the United States before your 16th birthday;
Be physically present in the United States when you file your application; and
Be in school, have graduated from high school in the United States, or have a GED; or
Be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States.
You must also have a clean criminal history meaning no felonies or particularly significant misdemeanors, including DUIs.
Going forward, CMN Law, L.L.C. expects the Biden administration to provide more permanent solutions for DACA recipients, including a path to obtaining permanent residency in the United States (a green card).
Call CMN Law, L.L.C. today to review your options and to be kept up to date with future changes to immigration law.
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