August 29, 2024

Administrative Stay Order Issued Against Parole in Place Applications

Following litigation filed against the Department of Homeland Security (“DHS”), a federal judge has granted the Plaintiff, the State of Texas and fifteen (15) other U.S. states, an administrative stay against Parole in Place application approvals under Keeping Families Together for at least fourteen (14) days.

While this order is in place, DHS will continue to accept Form I-131F, Application for Parole in Place for Noncitizen Spouses and Stepchildren of U.S. Citizens. The DHS will however not approve any pending applications. The administrative stay order does not affect any applications that were approved before the administrative stay order was issued.

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Copyright 2024. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

Categories: Immigration Policy, New Rules

Tags: Form I-131F, parole in place

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Federal Judge Strikes Down Parole-in-Place Program

A U.S. Federal Court Judge has struck down Parole-in-Place following an earlier decision granting the State of Texas and fifteen (15) other states an administrative stay two months ago. Judge J. Campbell Barker of the Eastern District of Texas ruled that the program, which would fast-track permanent residency to certain undocumented immigrants to obtain lawful permanent residents who are spouses and stepchildren of U.S. citizens, “exceeded its statutory authority and is not in accordance with the law.” Judge Barker further added that the program “focuses on the wrong thing, in identifying ‘significant public benefits’- the benefits of aliens’ new legal status – rather than their presence in the country.” At the time of publishing this article, it is unclear whether the Biden Administration will appeal Judge Barker’s ruling. For more information on this ruling, please contact us at info@enterlinepartners.com. ENTERLINE & PARTNERS CONSULTING   Ho Chi Minh City, Vietnam Office   146C7

What is a K-3 Nonimmigrant visa?

A K-3 visa is a nonimmigrant visa that allows a foreign spouse of a U.S. citizen to enter the United States while their Form I-130 Petition for Alien Relative (“I-130 Petition”) is undergoing adjudication with the United States Citizenship and Immigration Services (“USCIS”). The goal of a K-3 is to shorten the time that a foreign spouse is separated from his or her U.S. citizen spouse during the immigration process. The K-3 visa is specifically for foreign spouses of U.S. citizens who have already filed their I-130 Petition but have not received an approval. In order to file for a K-3 visa, the U.S. citizen spouse must first file an I-130 Petition with USCIS. Afterwards, the U.S. citizen spouse files a Form I-129F Petition for Alien fiancé(e). (“I-129F Petition”) with supplemental documentation. If the I-129F Petition is approved before the I-130 Petition, the foreign spouse can consular process for a

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Administrative Stay Order Issued Against Parole in Place Applications

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