US Immigration Finally Unveils Details for Filing Under New Legalization Program

By: Richard Hanus

 

With last Friday’s release of a filing guide and an actual application, U.S. Department of Homeland Security/Citizenship and Immigration Services (DHS/CIS) looks to be ready to launch a new legalization program that will benefit more than 550,000 undocumented spouses and step children of U.S. citizen. Starting August 19, DHS/CIS will begin receiving applications under the Keeping Families Together program, a first step for this group of undocumented foreign nationals toward legalizing their U.S. immigration status and obtaining lawful permanent “Green Card” status.

According to DHS/CIS, paper applications will not be accepted, with applicants being required to file exclusively online and via Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. Along with the application, filings must include a fee of $580.00 and supporting documentation confirming that as of June 17, 2024 they: A) have lived in the U.S. for at least 10 years after entering the U.S. without lawful admission and B) were married to a U.S. citizen (or are the stepchild of a U.S. Citizen).

In addition to not having any “disqualifying criminal history”, applicants must “demonstrate urgent humanitarian reasons or significant public benefit to be considered for a discretionary grant of parole in place”

If approved under the Keeping Families Together program, an applicant will be eligible to file an I-485 Application for Adjustment of Status as well as an I-765 Application for Employment Authorization Document as they await completion their Green Card process.

While the rush to file and receive approval under this new program is understandable, the uncertain obstacles presented by the court challenges that are sure to come as well as the possibility of a new, less immigrant friendly presidential administration, are important variables to consider.

As far as disqualifying criminal convictions are concerned, the best way to sum up the new rule is that all felonies are bad and will present an insurmountable obstacle for any applicant under this program – “All felony convictions, including felony driving under the influence (DUI) offenses, are disqualifying. Additionally, disqualifying criminal history includes convictions for the following offenses, regardless of whether the offense is classified as a felony:

• Murder, torture, rape, or sexual abuse;

• Offenses involving firearms, explosive materials, or destructive devices;

• Offenses relating to peonage, slavery, involuntary servitude, and trafficking in persons

• Aggravated assault;

• Offenses relating to child pornography, sexual abuse or exploitation of minors, or solicitation of minors; Domestic violence, stalking, child abuse, child neglect, or child abandonment; and

• Controlled substance offenses (other than simple possession of 30 grams or less of marijuana).”

Less serious, misdemeanor convictions may be problematic too, but such a criminal background will not necessarily lead to denial. On the contrary, an applicant will still have a chance to be approved under the right circumstances, such as when enough positive equities are at play e.g. the applicant has lived an otherwise law abiding life, has strong family ties in the U.S., demonstrates a consistent work history, the criminal activity took place many years ago, etc.

I will continue to post updates about this program as more details are made available, especially with regard to the gray area eligibility issues. Further, for the latest, most important U.S. immigration law news, be sure to sign up to receive “Richard’s Blog” (published biweekly) – at https://www.usavisacounsel. com/newsletter

PUBLISHED August 18, 2024 – “RICHARD’S BLOG” Copyright © 2024, By Law Offices of Richard Hanus, Chicago, Illinois