Q#1: On August 19th USCIS permitted Parole in Place applications to be submitted for spouses and stepchildren of U.S. Citizens. How does the temporary restraining order issued on August 26th affect our ability to continue filing applications?
A#1: Based on the Temporary Restraining Order issued by the Eastern District of Texas, we still can file applications, however, USCIS does not have the ability to issue approval notices for a 14-day period, and this period will likely be extended.
Q#2: How long will this Temporary Restraining Order be extended?
A#2: This Administrative Order could be extended “for good cause” and based on the court’s discovery schedule; they expect good cause may allow this administrative stay to be extended through mid-October.
Q#3: What is the earliest date that a decision can be made on whether applications can continue to be approved for this Parole in Place program?
A#3: The court has requested additional information from the Biden Administrations and from the States regarding their arguments for why this program should or should not proceed. This information is due by October 10th, 2024, and soon thereafter, an expedited hearing will be scheduled.
Q#4: What if I have an application that has already been filed?
A#4: If your application has been filed and already approved, then this order does not affect you. If your application has been filed and is not yet approved, if the immigration service does not already have your fingerprints on file, then you will be scheduled for a biometrics appointment in the coming weeks. If your fingerprints are already on file then the immigration service will re-use the information on file. Regardless, any cases that were not approved before August 26th will remain pending until the court issues further guidance.
Q#5: What happens if the court in the Eastern District of Texas still doesn’t stand by Biden’s order and says that the program cannot continue?
A#5: A negative decision will immediately be appealed to the 5th Circuit Court of Appeals to determine if the Texas Court’s legal analysis is correct. If the 5th Circuit Court disagrees with the Texas Court, then the program will continue and pending cases will be approved. But if the 5th Circuit Court agrees with the Texas Court, then the program will be appealed to the Supreme Court for a final decision.
Q#6: Given the fact that Biden created this program, could a subsequent President try to discontinue this program?
A#6: Yes. If Harris wins the presidency, then she will likely continue to fight for this program’s continuation. However, if Trump wins the presidency, he will likely try to cancel this program.
Q#7: Did President Biden have the legal authority to create this program?
A#7: A similar case was filed in the Southern District of Texas in March of this year that challenged a President’s ability to use parole authority for applicants in a similar program. That case was ultimately dismissed based on the court determining that the States who sued could not establish legal standing to bring the court case, essentially stating that the States could not show that they were harmed by the President’s actions and thereby don’t have the right to challenge the President’s ability to create a program like this.
Q#8: Has there been a program created by the President before that has been stopped by Texas or other States?
A#8: Yes. The Deferred Action for Childhood Arrivals (DACA) program created in 2012 has been in constant litigation since 2014. However, people who were granted DACA are able to renew it and have done so for the past 10 years, and there was even a period when the courts allowed certain new applicants to qualify for the program if they had applications that were already filed and pending with the immigration service.
Q#9: Given the fact that this program is being litigated, should I apply for this Parole in Place program?
A#9: Every person’s fact scenario is unique. 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 is in your best interest, or to determine if you have any other options 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 .
To read this blog in Spanish, click here.
