O que é "Parole in Place"?
Denice Flores • November 3, 2023
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O Serviço de Cidadania e Imigração dos Estados Unidos (USCIS) pode conceder "parole in place" a famílias militares. Aqui está o que você precisa saber sobre o "parole in place".
Os Estados Unidos podem conceder "parole in place" por razões humanitárias urgentes ou por benefício público significativo. INA 212(d)(5)(A).
O "parole in place" foi criado para beneficiar famílias militares com membros da família indocumentados nos Estados Unidos. O "parole in place" destina-se a membros do serviço militar ou ao cônjuge, viúvo(a), pai, filho ou filha do membro do serviço. O membro do serviço deve ser um membro em serviço ativo das Forças Armadas dos Estados Unidos, na reserva selecionada da reserva pronta, ou o membro do serviço (vivo ou falecido) deve ter servido anteriormente em serviço ativo ou na reserva selecionada da reserva pronta e deve ter sido dispensado com honra.
Um fator muito importante a considerar ao determinar se o indivíduo se qualifica para o "parole in place" ou não é que o indivíduo deve estar presente nos Estados Unidos sem ter sido admitido no país.
Isso significa que o indivíduo deve ter entrado nos Estados Unidos ilegalmente. Se, por exemplo, o indivíduo foi admitido nos Estados Unidos com um visto, mas o visto e o status legal expiraram posteriormente, e o indivíduo ainda está nos Estados Unidos, o indivíduo não se qualifica para o "parole in place" porque entrou legalmente e foi admitido nos EUA.
Se o indivíduo for elegível com base nos requisitos acima, a seguinte documentação deve ser submetida a USCIS, juntamente com o pedido de "parole in place".
- Evidência do relacionamento familiar, como: certidão de casamento, documentação de término de casamento anterior, certidão de nascimento do filho ou filha, certidão de nascimento atual ou anterior do membro do serviço com o nome dos pais; ou comprovante de inscrição no Sistema de Registro de Elegibilidade para Inscrição na Defesa (DEERS);
- Evidência de que o membro da família é um membro atual ou anterior das Forças Armadas dos Estados Unidos;
- Os pais de membros atuais ou antigos das Forças Armadas dos Estados Unidos devem fornecer evidência de que o membro atual ou anterior das Forças Armadas apoia o pedido de "parole in place";
- Evidência de quaisquer fatores discricionários adicionais favoráveis que o indivíduo gostaria que a USCIS considerasse. A evidência deve mostrar a USCIS a razão humanitária urgente para o pedido ou o benefício público significativo de conceder o pedido de "parole in place"; e.
- Duas fotografias idênticas, coloridas, no estilo de passaporte, do indivíduo que está solicitando o "parole in place"
Se a USCIS aprovar o pedido de "parole in place", o indivíduo estará protegido contra deportação e também poderá ser elegível para autorização de emprego. A aprovação do "parole in place" autoriza o indivíduo a permanecer nos Estados Unidos por um período de um ano. O indivíduo recebe um documento I-94 como evidência do "parole", e o I-94 serve como prova de uma entrada legal para fins de outros possíveis benefícios de imigração.
Observe, por favor, que o "parole in place" não é o mesmo que a ação adiada. A ação adiada possui requisitos de elegibilidade diferentes. Se você estiver buscando falar com um advogado sobre a ação adiada, nosso escritório também poderá te ajudar.
Se você tiver alguma dúvida sobre o "parole in place" e outras possíveis formas de alívio de imigração após a concessão do "parole in place", como o ajuste de status, por favor, agende uma consulta com um de nossos advogados experientes, e ficaremos mais do que felizes em ajudar você.
Este blog não se destina a fornecer aconselhamento jurídico e nada aqui deve ser interpretado como estabelecimento de um relacionamento advogado-cliente. Por favor, agende uma consulta com um advogado de imigração antes de agir com base em qualquer informação lida aqui.
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Denice Flores
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On August 26, 2024 , the United States District Court for the Eastern District of Texas, in Texas v. Department of Homeland Security , Case Number 24-cv-306 administratively stayed the Department of Homeland Security from granting parole in place under Keeping Families Together for 14 days. In Texas v. DHS , the State of Texas and several other plaintiffs argue that the DHS has implemented policies that they believe violate federal immigration laws. Specifically, they claim that DHS's guidelines on immigration enforcement and deportation procedures are too lenient and do not align with statutory requirements. The plaintiffs argue that these policies undermine state sovereignty and contribute to increased illegal immigration, which they believe has negative repercussions for public safety and resources. During the 14 days, USCIS will not grant any pending parole in place application under Keeping Families Together ; USCIS will continue to accept applications for parole in place for certain noncitizen spouses and stepchildren of U.S. Citizens, and will continue to schedule biometric appointments and capture biometrics for applicants. Note, that the district court’s administrative stay order does not affect any applications that were approved before the administrative stay order was issued on August 26, 2024. As of now, the program is on hold for 14 days, but that hold could be extended while the court considers arguments in the case. If you have any questions or concerns, contact our office to schedule a consultation with one of our experienced immigration attorneys.

On June 18, 2024, President Biden announced a series of immigration actions using the authority granted to him by our existing immigration laws. These actions will help certain undocumented individuals in the United States, including: Spouses and children of U.S. citizens who have been living in the United States for at least 10 years. You may be eligible to apply for your green card without leaving the United States, if, as of June 17, 2024: ○ You are in the United States after entering without permission; ○ You have lived in the United States for at least 10 years and have never left; ○ You are legally married to a U.S. citizen or have a qualifying stepchild relationship with a U.S. citizen; and ○ You do not have certain criminal history or pose a threat to national security or public safety. If you meet these criteria, the government MAY grant you parole-in-place. Parole would be granted for a one-time period of three years. You may also be eligible for employment authorization for up to three years. If you are granted parole y ou may apply for your green card within three years of approval. Eligibility is determined on a case-by-case basis. College-educated DACA recipients and Dreamers who are qualified for nonimmigrant status, such as an H-1B specialty occupation visa. You may be eligible to apply for a temporary visa more easily, if: ○ You have a degree from an accredited U.S. institution of higher education; and ○ You have an offer of employment from a U.S. employer in a field related to your degree. Please note that these programs have NOT YET begun. Details on how to apply are expected to be released by the end of the summer through a Federal Register notice. This means: You cannot submit an application at this time. An early-filed application will be rejected . You should not pay anyone a fee associated with filing an application at this time. Be patient and take the time to find the right help. The wrong advice could harm your chances of staying in the United States, getting lawful status, or becoming a U.S. citizen. Don't be fooled by notarios and other consultants who promise immediate results or special solutions in order to steal your money. Many unscrupulous individuals will cost more than licensed attorneys! If you are unsure if someone is qualified to help, ask for proof of their credentials and retain a copy of that evidence. This program could also be legally challenged, which could impact its implementation. This makes it even more important to have a qualified, knowledgeable attorney. USE AILA’s Find an Immigration Lawyer Search, ailalawyer.org , to find a licensed immigration attorney in good standing. Or find an accredited representative at: https://www.justice.gov/eoir/find-legal-representation . FONT: https://www.aila.org/library/information-and-guidance-on-new-actions-to-promote-family-unity

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U.S. Citizenship and Immigration Services (USCIS) has recently updated its protocols regarding the screening and vetting of immigration benefit applications. These changes involve a more detailed review process that may impact processing times and evidence requirements for various categories of benefits. Key Changes to the Adjudication Process The updated guidance outlines several shifts in how USCIS processes and reviews applications: Adjustment of EAD Validity Periods: For certain categories, the validity periods of Employment Authorization Documents (EADs) may be shortened. This can result in more frequent eligibility reviews throughout the application process. Expanded Use of Social Media and Financial Data: Adjudicators have been granted broader authority to review an applicant’s social media activity and financial history during the vetting process. Policy Updates on Biometric Verification: The agency is revising its approach to biometric identity verification, including the reuse of fingerprints and photographs. Country-Specific Scrutiny: USCIS is coordinating with the Department of State to apply specific analysis to applications based on regional risk factors and fraud indicators. Impact on Interviews and Processing Applicants for adjustment of status, naturalization, and other benefits may encounter more focused questioning during interviews. USCIS is now tailoring its interview process to address potential red flags associated with specific geographic regions or benefit categories. Because of this increased scrutiny, it is essential that all information provided in an application is consistent with an applicant's public record and digital footprint. Discrepancies or incomplete documentation can result in delays or additional requests for evidence. Next Steps As these procedures are implemented, applicants should ensure that all submitted materials are accurate and verifiable. We recommend a thorough review of all public information and documentation prior to filing. If you have questions regarding how these procedural changes may affect your specific case, our team is available to discuss the current requirements and help navigate the updated process.

Choosing the right recommenders is one of the most critical steps in building a successful O-1 visa petition. The standard for this visa is a high one, you must not only be an accomplished professional within your field but among the very top cadre of your peers. Reference letters serve as the connective tissue of an O-1 petition, transforming a dry list of accolades into a compelling narrative of extraordinary achievement. While awards and press clippings prove that you did something, reference letters provide the expert testimony necessary to explain why it mattered. In the eyes of USCIS, these letters function as evidence that contextualize your work within the broader industry, offering a level of nuance and credibility beyond the objective facts of your career journey. 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Look for individuals who have a "public profile." This could mean: They are frequently quoted in major media outlets. They have a significant social media following or industry-wide recognition. They have won major awards (Oscars, Grammys, Pulitzers, etc.) or hold prestigious titles. Their name is synonymous with success in your specific niche. When an officer sees a letterhead from a globally recognized entity or a signature from a famous figure, it immediately sets the tone that you are a candidate worth evaluating, and the words they have written on your behalf will weigh strongly on the officer’s decision. 2. Significant Accomplishment in the Field Your recommender should be an "expert" in their own right, whatever that means for your particular field. USCIS needs to know that the person praising you is actually qualified to evaluate your talent and knows the difference between someone who is merely accomplished in the field versus someone who has reached the pinnacle of their profession. Ideally, your contact should be more senior or more accomplished than you are. They should have a track record of success that is beyond reproach. However, they don't necessarily have to be in your exact job title. They can be in a related field, provided they are in a position to judge your work. For example, if you are a VFX Artist, a famous Film Director or a Senior Producer would be highly qualified to evaluate your contributions to a production. 3. A Deep Professional or Personal Connection One of the most common mistakes O-1 applicants make is chasing "big names" who don't actually know them. A generic letter from a celebrity who has never met you will likely be dismissed as "boilerplate." 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