On August 26, 2024, a significant development occurred in the ongoing legal battle over immigration policies in the United States. The United States District Court for the Eastern District of Texas issued an administrative stay in the case of Texas v. Department of Homeland Security (DHS), temporarily halting the DHS’s ability to grant parole in place under the “Keeping Families Together” initiative. This blog will unpack what this means for affected families and individuals, and how the U.S. Citizenship and Immigration Services (USCIS) is responding to this change.
What is the Administrative Stay About?
The administrative stay issued by the district court effectively pauses the DHS’s authority to approve parole in place requests under the Keeping Families Together initiative for 14 days. This decision is a direct result of ongoing litigation and affects many families relying on this process to maintain their legal status while remaining together in the United States.
How Does This Affect You?
If you or a loved one has a pending parole in place request under Keeping Families Together, this stay means that USCIS will not be able to grant your request during this 14-day period. However, there are some critical points to consider:
- Pending Requests: USCIS will not grant any parole in place requests currently under review.
- New Filings: Despite the stay, USCIS will continue to accept new filings of Form I-131F, the Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens.
- Biometric Appointments: USCIS will also continue scheduling and conducting biometric appointments as usual. If you have an upcoming appointment, you should attend as scheduled.
What Happens to Approved Applications?
For those who had their parole in place approved before the administrative stay was issued at 6:46 p.m. Eastern Time on August 26, 2024, there is good news: the stay does not impact your status. You may continue to apply for other immigration benefits, including employment authorization and adjustment of status to lawful permanent resident, without any issues.
Employment Authorization Applications
One crucial aspect to keep in mind is related to employment authorization:
- Timing is Key: You can only apply for employment authorization after your Form I-131F is approved. If you mistakenly submit Form I-765, the Application for Employment Authorization, before your parole in place is granted, USCIS will reject or deny your application.
Biometrics and Appointments: What to Expect
Even during the administrative stay, USCIS is continuing with biometric appointments. These appointments are crucial for your application process, and it’s essential to attend them as scheduled. Here’s what you need to know:
- Attend as Scheduled: Make sure to appear at the scheduled date, time, and Application Support Center (ASC) indicated on your notice.
- Rescheduling: If you need to reschedule your appointment, do so promptly. If you were turned away at an ASC, USCIS will automatically reschedule your appointment.
This administrative stay adds another layer of complexity to the immigration process, but understanding these changes and staying informed will help you navigate through this period effectively.
This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).
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