“This is an extension of an existing program known as parole in place,” said Matias Bernal, executive director of the Fresno-based Educational Foundation, adding that the executive order that President Joe Biden announced on June 17, extends the program to those two new categories.
Federal officials announced the specifics of the program on Monday.
“This program helps create and close the gap where families don’t have to be separated,” said Xavier Vázquez Báez, immigration services program manager with Centro La Familia Advocacy Services Inc. in Fresno. “This is not immigration reform. This just helps close the gap from doing consular process and reducing wait times.”
“It’s a little Band-Aid,” Vázquez Báez said.
If granted parole, noncitizen spouses and noncitizen stepchildren of U.S. citizens, if eligible, could apply for lawful permanent residence without leaving the country.
“Too often, noncitizen spouses of U.S. citizens – many of them mothers and fathers – live with uncertainty due to undue barriers in our immigration system,” said Ur M. Jaddou, director of U.S. Citizenship and Immigration Services in a statement.
“This process to keep U.S. families together will remove these undue barriers for those who would otherwise qualify to live and work lawfully in the U.S.”
The Department of Homeland Security ( DHS) published on Aug. 20 a Federal Register notice to implement Keeping Families Together, a process for certain noncitizen spouses and stepchildren of U.S. citizens to request parole in place under existing statutory authority.
USCIS began accepting requests from eligible individuals for this process on Aug. 19.
Bernal said, “there are some risks to consider, to think about for folks to know if they want to make an important decision of how to apply and not apply.”
“There is some risk there because we don’t know what’s going to happen in the future if there’s a change of presidency. We don’t know how this information is going to be used in the future, because you are self-reporting to the Department of Homeland Security all your information,” Bernal said.
Individuals must file Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, online after creating a myUSCIS account. USCIS does not accept any other form for Keeping Families Together.
Eleazar Valdez, with the Central Valley Immigrant Integration Collaborative (CVIIC), said the online application process can bring challenges to people who want to apply but are not computer savvy.
“We had to basically help the community create an email if they don’t have it. Once they have the email, we had to help and create an account with USCIS,” said Valdez.
“So that be a little bit challenging, but not impossible,” Valdez said.
Vázquez Báez agrees with Valdez about online-only applications can become an issue for people in the Valley who don’t have the technology at home to file online.
“That is where we come in and try to help folks,” Vázquez Báez said.
Bernal said it is important for people to have documentation to prove they have been in the U.S. for 10 years.
“That can look like a lot of different documents – bank records, invoices or receipts from paying rent or paying utilities – those kinds of documents that show that you have a physical presence in the United States,” Bernal said.
Bernal reminds people that any physical application will be rejected.
The filing fee is $580. Fee waiver requests for Form I-131F will not be accepted. USCIS published a Filing Guide for Form I-131F on the Keeping Families Together webpage to help individuals prepare to file a request for parole in place through the online process.
Vázquez Báez said the filing fee and attorney’s fees can also be a challenge for families in the Valley.
Bernal said the Education and Leadership Foundation is going to have presentations either once or twice a week for people to determine if they are eligible, understand some of the risk and to start gathering all the documentation to apply for the Keeping Families Together.
Who Is Eligible
Noncitizen spouses of U.S. citizens must:
▪ Be present in the United States without admission or parole;
▪ Have been continuously physically present in the United States since at least June 17, 2014, through the date of filing your request;
▪ Have a legally valid marriage to a U.S. citizen on or before June 17, 2024;
▪ Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and
▪ Submit biometrics and undergo required background checks and national security and public safety vetting.
Noncitizen stepchildren of U.S. citizens must:
▪ Have been under the age of 21 and unmarried on June 17, 2024;
▪ Be present in the United States without admission or parole;
▪ Have been continuously physically present in the United States since at least June 17, 2024, through the date of filing your request;
▪ Have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before their 18th birthday;
▪ Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and
▪ Submit biometrics and undergo required background checks and national security and public safety vetting.
Protecting Yourself From Immigration Scams
Federal immigration officials and local immigrant advocates ask people to be vigilant to avoid becoming a victim of an immigration scam.
Vázquez Báez said a challenge in the Valley will be combating notario fraud.
“We don’t want people to be taken advantage of, both from notarios and also attorneys that are charging so much money,” Vázquez Báez said, adding that organizations like Centro La Familia will help families that qualify for a low fee.
“Just be aware of notario fraud, unscrupulous players in the area, and always double-check prices before you commit because our families in the Valley are hardworking families that don’t necessarily have the funds to pay for an attorney”
“As with all the other providers, we caution folks to be very careful in not going to the notarios or the tax and immigration services forums that are not accredited by the Department of Justice,” Bernal said.
The Education Leadership Foundation is offering free immigration legal services. People can call (559) 291-5428 for an appointment or more information.
“We want to caution every single individual thinking to apply to be really careful about going to the wrong person to submit this information. We’ve seen it time and time again, where folks come to us after having gone to someone who’s not accredited, who’s charging them high amounts of money to pay for services, and then they end up with no service,” said Bernal.
Sadly, he said, some face potential deportation orders.
Only an attorney admitted to practice law in the U.S. or an accredited representative working for a Department of Justice-recognized organization can give you legal advice on immigration matters.
Some Common Scams to Be Aware
▪ Government impersonators: Look out for individuals who pretend to be USCIS officials. USCIS will only use official government channels and will not contact you through your personal social media accounts (such as Facebook, X, LinkedIn, etc.).
▪ Scam websites: Some websites claim to be affiliated with USCIS and offer step-by-step guidance on completing a USCIS application or petition. Make sure your information is from uscis.gov or dhs.gov or is affiliated with uscis.gov. Make sure the website address ends with .gov.
▪ Payments by phone or email: Never transfer money to an individual. The government does not accept Western Union, MoneyGram, PayPal, or gift cards as payment for immigration fees. Nor does it ask you to pay fees to a person on the phone or by email.
▪ Notarios públicos and unauthorized practitioners of immigration law: In the United States, a notario público is not authorized to provide you with any legal services related to immigration benefits.
(c)2024 the Merced Sun-Star (Merced, Calif.) Distributed by Tribune Content Agency, LLC.
