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 our experienced immigration attorneys.

Navigating U.S. immigration law can be frightening, especially for individuals with a criminal record. One crucial aspect of immigration law that provides some relief is the Petty Offense Exception. The Petty Offense Exception can significantly impact the eligibility of foreign nationals for various immigration benefits, including visas and green cards. What is the Petty Offense Exception? The Petty Offense Exception is a provision under U.S. immigration law that allows individuals who have committed minor crimes to avoid certain inadmissibility issues. Specifically, this exception pertains to crimes involving moral turpitude (CIMT), which are generally considered serious offenses for immigration purposes that could render a person inadmissible to the United States. An applicant who has committed a CIMT may avoid being deemed inadmissible to the U.S. due to a single offense, if all of the following conditions are met: The person only committed one crime involving moral turpitude; The sentence imposed for the offense was 6 months or less; and​ The maximum possible sentence for the offense does not exceed one year. The Petty Offense Exception is particularly significant for individuals who might otherwise face severe consequences due to their criminal record. Many people have made mistakes in their past but have since rehabilitated and integrated into society. The Petty Offense Exception offers a pathway for individuals with minor criminal convictions to pursue immigration benefits regardless of their criminal record. If you have any questions or concerns about your criminal history and its impact on your immigration status or eligibility, contact our office and schedule a consultation with our experienced immigration attorneys.

As the effects of the EB-5 Reform and Integrity Act of 2022 continue to develop, this immigrant visa category has seen skyrocketing popularity in recent months. Prior to 2022, many high-net-worth individuals shied away from the EB-5 category entirely, due to widespread uncertainty around the program. It’s no secret that the EB-5 category is expensive, and who could blame an investor for being hesitant to park such a significant sum of capital into an investment vehicle with limited oversight or transparency? With the vast majority of concerns around the program having been alleviated through the EB-5 Reform and Integrity Act of 2022 provisions, allowing greater regulatory oversight, increasing investment thresholds, transparency, and even removing layers of bureaucratic red-tape, investors are once again eager to participate in this highly beneficial program. If considering a significant financial investment in the United States, the EB-5 program is an excellent opportunity not only to make the investment, but to secure permanent residency, and eventually citizenship, in the United States for those contributions. The idea behind the EB-5 program is to generate economic stimulation for the United States, including significant numbers of job opportunities being created for U.S. workers. The investment thresholds for the qualifying minimum investment amounts were designed based upon the capital investment achieving a sufficient level of economic stimulation. However, with a large margin between the two qualifying investment thresholds, and a broad array of potential projects to invest in, this leaves many investors wondering which EB-5 pathway is right for them. In a broad sense, there are two types of EB-5 investment: Direct Investment, or Investment through a USCIS-approved regional center. The best path for each potential case depends on the priorities of each individual applying. For the direct investment, the petition is filed with form I-526, Immigrant Petition by Standalone Investor. An investor filing an EB-5 Direct Investment Petition has the opportunity to invest in a company that is responsible for creating at least 10 full-time jobs. So long as the organization can verify the actual creation and existence of these jobs, these petitions stand an excellent chance of being approved. These petitions can be particularly beneficial for an investor with a strong belief in the success of a new company or concept and wants the bulk of their investment focused directly on the job-creating company. For a regional center investment, the petition is filed with form I-526E, Immigrant Petition by Regional Center Investor. These regional centers are created for the express purpose of facilitating EB-5 investment. Each regional center must properly apply with USCIS, and receive approval, before they can be listed by USCIS on the Approved EB-5 Immigrant Investor Regional Centers list. One of the key benefits to investing through a regional center is the facilitation of the application process, because the regional centers will provide a substantial portion of the required documentation. However, this also typically results in a lower level of control over the investment funds, as compared with a direct investment. For both types of EB-5, the investment threshold is determined by geographic and economic factors within the United States. Because the program is designed to stimulate the U.S. economy, there is a broad preference for investing in what are known as “Targeted Employment Areas (TEAs).” These are either rural areas, or other areas designated as experiencing a high unemployment rate, defined as an unemployment rate at least 50% higher than the U.S. national average. The minimum qualifying investment amount for a Targeted Employment Area is only $900,000, as compared with a minimum threshold of $1.8 million for an investment outside of a TEA. For those investors who are primarily motivated by receipt of a green card, there is not much benefit to investing twice as much capital into a non-TEA, however, for those investors who are confident in a particular investment project and are motivated primarily by potential returns, it may be worthwhile to invest directly into the organization with higher potential, regardless of the geographic location within the U.S. where the investment will be focused. Ultimately, the decision on which EB-5 pathway is best is a determination that must be made by each individual investor and changes on a case-by-case basis. However, with such a large sum typically at stake, every investor wants to have confidence that they are choosing the best path for themselves to accomplish their individual goals. If you are considering pursuing an EB-5 investment, and would like to discuss questions or concerns you may have around which EB-5 path is right for you, I encourage you to schedule a consultation with one of our skilled attorneys.

The T visa is a nonimmigrant visa designed specifically for victims of severe forms of human trafficking. It provides recipients with temporary legal status in the United States, allowing them to live and work in the country for up to four years. This visa not only ensures their safety but also grants access to essential public benefits such as housing assistance and medical care. In the fight against human trafficking, the T visa stands as a crucial tool, offering hope and legal protection to victims who have endured unspeakable hardships. Established under the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA), the T visa aims to shield individuals trafficked into the United States from further exploitation while empowering them to assist law enforcement in prosecuting their traffickers. To establish eligibility for a T visa, the applicant must demonstrate that they: 1. have been a victim of a severe form of trafficking in persons; 2. are physically present in the United States, American Samoa, or at a U.S. port of entry on account of such trafficking; 3. have complied with any reasonable request for assistance in a federal, state, or local investigation or prosecution into acts of trafficking or the investigation of a crime where acts of trafficking are at least one central reason for the commission of that crime, except when the applicant was under 18 years of age at the time of victimization or is unable to cooperate with a request due to physical or psychological trauma; 4. would suffer extreme hardship involving unusual and severe harm upon removal from the United States; and 5. are admissible to the United States or qualify for a waiver of any applicable grounds of inadmissibility. The 2021 revisions to the USCIS Policy Manual, particularly in Volume 3, Part B – Victims of Trafficking, have clarified the broad definition of trafficking. This has facilitated more successful T visa cases without requests for evidence or the need for litigation. Application Process Applying for a T visa involves submitting a comprehensive application package to the United States Citizenship and Immigration Services (USCIS). The core of the application is the Form I-914, which includes: Detailed personal information and history of trafficking victimization. Supporting documentation such as police reports, medical records, and witness affidavits. Evidence of cooperation with law enforcement. Proof of extreme hardship if deported. Once USCIS receives the application, they conduct a thorough review to determine eligibility for the T visa. Upon approval, T visa holders receive temporary legal status in the U.S. for up to four years. During this period, they can rebuild their lives with access to crucial resources and the ability to work legally. Importantly, after three years of continued presence in the U.S. under T visa status, individuals may apply to adjust their status to become lawful permanent residents (green card holders). Navigating the complexities of the T visa application process requires legal expertise and compassionate support. At Santos Lloyd, our dedicated team of attorneys specializes in immigration law, with a focus on assisting victims of human trafficking. If you believe you have been a victim of human trafficking or would like a comprehensive screening, please contact our office – we are eager to help you!

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

U.S. Citizenship and Immigration Services made changes to the naturalization application and the filing fee which became effective April 1, 2024. The naturalization application, Form N-400, was updated. The new form edition is dated 04/01/2024. As of June 3, 2024, USCIS will only accept the new form edition. The filing fee for Form N-400 also changed. The prior filing fee was $640.00 plus a biometric fee of $85.00, for a total of $725.00. The new filing fee became effective April 1, 2024, so all naturalization applications postmarked April 1, 2024, or later, must include the new appropriate filing fee. The new general fee if you file a paper application is $760.00, and if you file the application online the fee is $710.00.