Tag: EAD

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Judge Pauses New Parole-in-Place (PIP) Program

NEWS UPDATE: On August 27, 2024, a federal judge paused the Biden administration’s new Parole-in-Place (PIP) program for 14 days, based on a new lawsuit challenging the legality of the program.

BACKGROUND: The PIP program allows certain individuals who are married to, or are step-children of, U.S. citizens to receive “parole” in the U.S., if they entered the U.S. without permission and have been in the U.S. long enough. With parole, qualified individuals would then be allowed to apply for adjustment of status (green card), without leaving the country to go to a U.S. consulate abroad. Contact me at (206) 354-4791 or lauren@ransfordlaw.com to schedule a consultation to go over whether you qualify for the PIP program, adjustment of status and your options for applying.

IMMEDIATE IMPACT: PIP applications can still be filed, but decisions will not be received for at least 14 days, and possibly longer. It is highly recommended that you file your application as soon as possible to have the best chance of getting an approval in case the program is permanently closed in October.

POSSIBLE SCENARIOS MOVING FORWARD:

  1. Best Case Scenario: The program could go forward as before, and we begin to see approvals again after 14 days, or after October when the judge reconsiders the case. Some applications filed during the first week have already been approved, especially those who already have I-601A waiver applications pending.
  2. Pause Continued. The pause could be continued until October, when there will be more legal arguments about the case. If this scenario happens, applications can still be filed, but will not receive approvals until mid-October.
  3. Program Terminated Going Forward. The program could be permanently stopped in mid-October, but USCIS might be allowed to approve cases that were filed before it stopped. If this scenario happens, the best chance at approval is to file as soon as possible.
  4. Worst Case Scenario: The program could be terminated completely and USCIS could be ordered to deny all pending applications. In this scenario, you would not receive a refund of your legal fees or government filing fees.

I am hopeful that Scenario Number 1 will be the outcome and the program will go forward. However, there is no guarantee what the federal judge will do.

Contact me at (206) 354-4791 or lauren@ransfordlaw.com to schedule a consultation to go over whether you qualify for the Parole-in-Place program, the benefits of receiving it in your case and your options for applying.

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USCIS Filing Fee Increases Effective April 1, 2024

USCIS announced today that the final rule increasing USCIS fees for many immigration applications will be published tomorrow and the increases are scheduled to go into effect on April 1, 2024. Please see this link for the final rule.

Fees for lawful permanent residence (green card) will increase from $1,760 to $3,170 (for the complete package: petition, green card, work permit and travel authorization applications). Naturalization (citizenship) application filing fees will increase from $725 to $760.

If you are planning to file an immigration benefit application, please contact me ASAP to discuss options for filing before the increased fees are required. (206) 354-4791 or lauren@ransfordlaw.com.

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USCIS outlines a “bona fide determination” process (“BFD”) to grant deferred action and issue employment authorization documents for U visa petitioners.

U visa nonimmigrant status (U visa) is available to victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.

The BFD process is used to grant deferred action and issue employment authorization to U-visa petitioners who are found to have bona fide applications.

USCIS stated that the determination of whether a petition is bona fide is based on whether the application is complete, including evidence and background checks, as well as whether there are any national security or public safety risks. Keep in mind that this is a discretionary determination.

Please also keep in mind that a BFD does not guarantee that USCIS will grant your U-visa petition. You do not need to take any affirmative action if your U-visa petition is currently pending. USCIS will review cases and make determinations. Unfortunately, there are no timelines for how long USCIS will take to review a pending petition.

If you have questions regarding the U visa process, the BFD process or believe that you may be eligible for employment authorization as a bona fide U-visa petitioner, please contact me at the Law Office of Lauren M. Ransford, PLLC – (206) 354-4791 or lauren@ransfordlaw.com.

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