Q#1: On August 19th USCIS permitted Parole in Place applications to be submitted for spouses and stepchildren of U.S. Citizens. A temporary restraining order was issued on August 26th but I hear that applications have been approved and are still being accepted. Is this true?
A#1: Yes. Multiple applications were approved prior to the temporary restraining order being issued. Additionally, the immigration service has stated that applicants can continue filing, receipt notices will be issued, fingerprint appointments will be scheduled as required, and cases will still be processed. However, approval notices cannot be issued until the temporary restraining order has been lifted.
Q#2: Has further guidance been issued regarding whether a person with criminal issues should apply for this program?
A#2: Yes. If a person has criminal issues, then the burden is on the applicant to demonstrate that they should still be granted approval of their application. However, specific criminal issues are listed that are automatic disqualifiers, including any felony convictions or misdemeanor convictions related to assault, child abuse, serious drug offenses or domestic violence. Additionally, if someone has a pending charge, they must resolve the issue in an immigration safe matter before they are eligible to apply for the program.
Q#3: If a person has had contact with the Immigration at the border or within the US, does that potentially disqualify them from applying?
A#3: If a person is currently in removal proceedings, they are still eligible to apply. Additionally, if a person has been ordered removed but has not departed from the United States, they are eligible to apply. However, if a person has been ordered removed and thereafter has actually been removed from the United States, then they are likely ineligible to apply.
Q#4: If I have been charged with a criminal matter in the past or have had contact with immigration, how do I know if I qualify for this program?
A#4: An attorney can obtain a person’s criminal record as well as their immigration history. Once that information is received, the attorney will then review the documents to determine if applying for Parole in Place is advisable.
Q#5: If I have the Permanent Bar, can I still apply for Parole in Place?
A#5: Yes. Even though a person is otherwise disqualified from applying for a Green Card inside the United States, the guidance has stated that as long as a person otherwise qualifies for Parole in Place, they are free to do so. So, a grant of Parole in Place wouldn’t otherwise allow someone with the Permanent Bar to qualify for Green Card, but they would still be granted 3 years of parole status, a Work Permit, and a valid Social Security number.
Q#6: If I’m already in the process of pursuing my Green Card through a Waiver and am planning on attending my Interview in Ciudad Juarez but have not left the US yet, should I apply for this program?
A#6: Yes. The draw of this program is the fact that it can reduce the wait time for a Green Card by as much as 5 years under current processing times and also allows a person to adjust without leaving the US. So, although the program is currently paused, the huge potential benefit of this program likely outweighs the risks and delays of not doing so.
Q#7: What should I do now if I want to apply for Parole in Place?
A#7: You should talk with an immigration attorney regarding your facts to determine if filing for Parole in Place based on marriage to a US Citizen (or as the step-child of a US Citizen) is in your best interest, or to determine if you have any other options for Green Card in addition to this program.
Eamonn P.S. Roach practices Immigration Law at the law firm of Roach & Bishop, LLP in Pasco, Washington. This information does not constitute legal advice. It is possible that this information does not apply to you. Each case depends on specific facts. If you have questions regarding the immigration laws that you would like answered in this column, please send them to: Eamonn P.S. Roach, 9221 Sandifur Pkwy, Suite C., Pasco, WA 99301, phone: (509) 547-7587, fax: (509) 547-7745; or email eroach@roachlaw.com .
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