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Update: Keeping Families Together PIP Program is on Hold Amid a Lawsuit Against DHS
Denice Flores • September 3, 2024
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.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Denice Flores
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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
Starting February 27, 2024, Ukrainian citizens who are physically present in the United States can apply for re-parole to continue to remain in the United States. To apply for re-parole the applicant needs to complete and submit Form I-131, Application for Travel Document, and pay the corresponding filing fees to USCIS. To be eligible for re-parole the applicant must show: Ukrainian citizenship The applicant was paroled into the United States on or after February 11, 2022 The applicant is physically present in the United States Urgent humanitarian reasons or significant public benefit for issuance of a new period of parole Compliance with the conditions of the applicant’s initial parole The applicant passed background checks The applicant warrants a favorable exercise of discretion If USCIS approves the re-parole application, the applicant may file Form I-765, Application for Employment Authorization, category (c)(11) to receive a work permit and be able to work lawfully in the U.S. It is important that the applicant waits until Form I-131 is approved to file Form I-765, otherwise, if USCIS denies the re-parole application, the filing fees for Form I-765 may not be refunded. This is great news for Ukrainians who are eligible for re-parole. If this applies to you, do not waste time and apply for re-parole now. If you have any questions or need assistance with applying for re-parole, please schedule a consultation with one of our experienced attorneys and we will be more than happy to assist you.
U.S. Citizenship and Immigration Services (USCIS) may grant parole in place to military families. Here is what you need to know about parole in place.
The U.S. may grant parole in place for urgent humanitarian reasons or for significant public benefit. INA 212(d)(5)(A).
Advance Parole is a travel document allowing you to leave and return to the United States while waiting for legal status without jeopardizing your green card application. Advance Parole is relevant if you are applying for DACA or adjusting status as a refugee, asylee, or other eligible applicant.
On January 20, 2025, President Donald Trump signed an Executive Order imposing new restrictions on migrants, including limitations on asylum and humanitarian protections. The order directs the Department of Homeland Security (DHS) to terminate all categorical parole programs that conflict with U.S. policies , which includes parole processes for Cuban, Haitian, Nicaraguan, and Venezuelan nationals. Additionally, this provision could impact parole programs for individuals from Afghanistan, Ukraine, and other countries. Beyond restricting parole, the executive order introduces several border security measures , including building more physical barriers, increasing the number of border personnel, and stopping the use of the CBP One mobile application . The order specifically directs the Department of Defense (DOD) and DHS to build more border walls to establish what it calls “complete operational control” of the southern border. Additionally, it ordered the immediate shutdown of the CBP One mobile app, which previously allowed asylum seekers to schedule appointments at U.S. Ports of Entry. As a result, all existing appointments have been canceled immediately . The order also initiates the reinstatement of the “Remain in Mexico” program , also known as the Migrant Protection Protocols (MPP) , across all sectors of the southern border. Under MPP, asylum seekers must remain in Mexico while awaiting the outcome of their U.S. immigration court proceedings, significantly altering the process for those seeking refuge in the country. These measures reinforce the Trump administration's broader effort to restrict asylum and humanitarian protections at the U.S. border . If you or someone you know may be affected by this executive order, it is essential to stay informed and understand your legal rights. Consulting with an immigration attorney can help navigate these evolving policies and ensure the best course of action moving forward.
The E-2 Visa is a non-immigrant visa that allows foreign investors from treaty countries to live and work in the United States by starting or purchasing a business. Unlike other visa categories, it does not require a fixed minimum investment amount. Instead, applicants must demonstrate that their investment is substantial and sufficient to ensure the success of their business. The visa is renewable indefinitely as long as the business remains active and meets the necessary criteria, making it an attractive option for entrepreneurs seeking long-term opportunities in the U.S. One of its key advantages is flexibility. Investors can establish a new business, acquire an existing one, or enter into franchise opportunities. Additionally, spouses and children under 21 can accompany the primary applicant, with spouses eligible to apply for work authorization. This makes the E-2 Visa a practical option for business-minded individuals looking to establish themselves in the U.S. market. While the E-2 Visa itself has remained a stable option, shifts in U.S. immigration policies have influenced the application process and overall investor experience. Understanding these changes is essential for anyone considering this pathway. Policy Shifts and the E-2 Visa: Lessons from the Past During the first Trump administration (2017–2021), U.S. immigration policies became more restrictive across multiple visa categories. Although the E-2 program was not directly limited, broader changes had an impact. The "Buy American, Hire American" Executive Order, signed in 2017, led to heightened scrutiny of visa applications, requiring investors to provide stronger evidence that their business would create jobs and contribute to the U.S. economy. This resulted in an increase in Requests for Evidence (RFEs) and denials for those unable to meet these expectations. Another significant change was the suspension of the Interview Waiver Program, which meant all E-2 applicants, including renewals, had to attend in-person interviews at U.S. embassies. This extended processing times and increased scrutiny of applications. Additionally, visa reciprocity agreements were reviewed and adjusted, impacting validity periods and costs for certain countries. For instance, Iranian citizens were deemed ineligible for the E-2 Visa due to the termination of the treaty. These adjustments significantly affected investors from impacted nations, increasing their costs and renewal frequency. Despite these policy shifts, the approval rate for E-2 visas remained relatively stable. According to data from the U.S. Department of State, there were over 43,000 approvals in 2019, reflecting the program’s continued viability. Even in 2020, when the COVID-19 pandemic caused global disruptions, approval numbers remained significant. These figures highlight that while the process became more rigorous, well-prepared investors continued to secure visas by demonstrating strong business plans, substantial investments, and clear economic contributions. What to Expect Moving Forward As the new Trump administration takes shape, further immigration policy changes are likely. While it is too soon to predict the exact impact on the E-2 Visa, past trends suggest increased scrutiny. However, the program itself has remained intact across multiple administrations, reinforcing its reliability for foreign entrepreneurs. Those considering this visa should stay informed and ensure their applications meet evolving requirements. A well-prepared investment strategy, clear documentation, and a defined job creation plan can make a significant difference in navigating any potential policy shifts. Why the E-2 Visa Remains a Strong Choice The E-2 Visa continues to be a resilient and valuable option for foreign entrepreneurs. Even during periods of policy change, approval rates have remained strong for investors with well-structured applications. The ability to renew indefinitely, combined with its flexibility in investment size and business type, makes it one of the most attractive pathways for international investors. With the right preparation, investors can confidently pursue the E-2 Visa, knowing that history has shown its stability even amid shifting political landscapes. By staying ahead of policy changes and ensuring a solid business strategy, entrepreneurs can take advantage of the opportunities the U.S. market has to offer. If you are ready to take the next step toward launching your business in the U.S., you can contact our office for expert guidance and personalized assistance with your application.
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