Law Office of Jesse Jong

Law Office of Jesse Jong Expert in immigration law services related to individual and family immigration and real estate.

08/19/2024

WASHINGTON—The Department of Homeland Security today announced a Federal Register notice to implement Keeping Families Together, a process for certain noncitizen spouses and stepchildren of U.S. citizens. This is part of an effort to promote the unity and stability of families, increase the economic prosperity of American communities, strengthen diplomatic relationships with partner countries in the region, reduce strain on limited U.S. government resources, and further national security, public safety, and border security objectives.

“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. “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., while also creating greater efficiencies in the immigration system, conducting effective screening and vetting, and focusing on noncitizens who contribute to and have longstanding connections within American communities across the country.”

USCIS will immediately begin accepting requests from eligible individuals for this process on Aug. 19, 2024. 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. The filing fee is $580. Fee waiver requests for Form I-131F will not be accepted.

In order to be eligible for consideration, 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.
USCIS is committed to program integrity and protection against fraud. Using existing training and practices to identify fraudulent evidence, USCIS will be reviewing submitted evidence supporting the existence of a legally valid marriage. In its consideration of the Form I-131F, USCIS will employ rigorous procedures to detect potential fraud concerns, ensuring that potentially fraudulent marriages will not serve as the basis for a grant of adjustment of status following access to this process.

DHS estimates that 500,000 noncitizen spouses and 50,000 noncitizen stepchildren of U.S. citizens may meet these eligibility criteria. If granted parole, these noncitizen spouses and noncitizen stepchildren of U.S. citizens, if otherwise eligible, could apply for lawful permanent residence without leaving the country.

Keeping Families Together is consistent with longstanding, congressionally supported policies, including a similar process for family members of certain U.S. military personnel and veterans.

08/16/2024

🚨 Important Update for Families: New USCIS Program Starting August 19, 2024 🚨

I’m excited to share that starting on August 19, 2024, USCIS will launch a new program designed to help families stay together. Under this program, USCIS will begin accepting requests for parole in place for certain noncitizen spouses and stepchildren of U.S. citizens. To participate, you must use the new electronic Form I-131F, Application for Parole in Place. Please note that this form will only be available on uscis.gov starting August 19, and no other forms will be accepted.

❗️Key Details:

Form I-131F: Available online only beginning August 19, 2024. Each person, including minors, must file a separate form and have their own USCIS online account.

Filing Guide: A detailed guide will be available on the “Keeping Families Together” webpage to assist with the application process.

Key Q&As: Updated answers to common questions will also be posted on the same webpage.

No Paper Form: This process is fully online, so there is no paper version of Form I-131F.

🛡️ Protect Yourself from Immigration Scams

As you prepare to take advantage of this new opportunity, please be vigilant against immigration scams. Only seek legal advice from authorized professionals, such as a licensed attorney or an accredited representative. Be aware of common scams, including:

Government impersonators: USCIS will only contact you through official government channels.

Scam websites: Ensure that you are getting information from official .gov websites.

Payments by phone or email: USCIS will never ask for payments through unofficial means like Western Union, MoneyGram, or gift cards.

Notarios Públicos: In the U.S., notarios are not authorized to provide legal services related to immigration. Always consult a licensed attorney or accredited representative for legal advice.

If you have any questions or need assistance with your case, feel free to reach out. I’m here to help guide you through this process safely and efficiently.

08/16/2024

🚨 Important Update for Families: New USCIS Program Starting August 19, 2024 🚨

I’m excited to share that starting on August 19, 2024, USCIS will launch a new program designed to help families stay together. Under this program, USCIS will begin accepting requests for parole in place for certain noncitizen spouses and stepchildren of U.S. citizens. To participate, you must use the new electronic Form I-131F, Application for Parole in Place. Please note that this form will only be available on uscis.gov starting August 19, and no other forms will be accepted.

❗️Key Details:

Form I-131F: Available online only beginning August 19, 2024. Each person, including minors, must file a separate form and have their own USCIS online account.
Filing Guide: A detailed guide will be available on the “Keeping Families Together” webpage to assist with the application process.
Key Q&As: Updated answers to common questions will also be posted on the same webpage.

No Paper Form: This process is fully online, so there is no paper version of Form I-131F.

🛡️ Protect Yourself from Immigration Scams

As you prepare to take advantage of this new opportunity, please be vigilant against immigration scams. Only seek legal advice from authorized professionals, such as a licensed attorney or an accredited representative. Be aware of common scams, including:

Government impersonators: USCIS will only contact you through official government channels.

Scam websites: Ensure that you are getting information from official .gov websites.

Payments by phone or email: USCIS will never ask for payments through unofficial means like Western Union, MoneyGram, or gift cards.

Notarios Públicos: In the U.S., notarios are not authorized to provide legal services related to immigration. Always consult a licensed attorney or accredited representative for legal advice.

For more information on how to protect yourself and your family, visit the Avoid Scams webpage on uscis.gov.

If you have any questions or need assistance with your case, feel free to reach out. I’m here to help guide you through this process safely and efficiently.

07/18/2024

News from USCIS: Updated Citizenship Guidelines for Children Born to U.S. Citizens

The U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual with new guidance on the acquisition of citizenship for children born to U.S. citizens. These updates respond to public feedback and the Supreme Court decision in Sessions v. Morales-Santana, 582 U.S. 47 (2017), while clarifying various provisions related to citizenship acquisition.

Key updates include:

Reopening Denied Applications: Applicants who were previously denied a Certificate of Citizenship but are now eligible due to policy changes may file a motion to reopen their case.

Physical Presence Requirement: A U.S. citizen parent can meet the physical presence requirement in the U.S. (or its outlying possessions) in any immigration status or even without any status.

Children Born Out of Wedlock: For children born out of wedlock to two U.S. citizen parents, if citizenship cannot be acquired from the father, the mother must show one year of continuous physical presence in the U.S. before the child's birth.

Legal Parent Recognition: Citizenship at birth requires that the parent is legally recognized as the parent by the relevant jurisdiction at the time of the child's birth.

Age Conditions: A child must meet all citizenship conditions while under 18, including any last conditions satisfied on their 18th birthday. The same applies for naturalization under INA 322 if the application is approved and the oath taken on the child’s 18th birthday.

Proof of Citizenship: USCIS accepts a valid U.S. passport or Consular Report of Birth Abroad (CRBA) as evidence of citizenship but may verify the acquisition of citizenship and request revocation of documents if necessary.

Nested Citizenship Claims: When determining an applicant's citizenship, USCIS will also assess the citizenship status of the applicant's parents or grandparents if necessary.

Naturalization for Abused Children: For children of U.S. citizens subjected to battery or extreme cruelty, the stepchild relationship with the U.S. citizen stepparent does not need to exist at the time of the naturalization application.

These updates aim to provide clarity and ensure fair processing of citizenship applications for children born to U.S. citizens. For more detailed information, call me at +14085804466.

04/23/2024

USCIS to Open International Field Offices in Qatar and Turkey

U.S. Citizenship and Immigration Services (USCIS) today announced the upcoming opening of international field offices in Doha, Qatar, and Ankara, Turkey, to increase capacity for refugee processing, strengthen strategic partnerships, and facilitate interagency cooperation.

“Opening these field offices establishes a USCIS presence and expertise in critical locations in the Middle East and is part of our commitment to the Biden-Harris administration’s efforts to facilitate safe, lawful, and orderly migration and family reunification,” said USCIS Director Ur M. Jaddou. “Our presence in Qatar and Turkey expands USCIS’ footprint outside the United States, supports our humanitarian mission, and strengthens the integrity of the U.S. immigration system.”

The Biden-Harris administration set the refugee admissions ceiling for fiscal year 2024 at 125,000 refugees. Establishing USCIS field offices in Qatar and Turkey will support the U.S. Refugee Admissions Program’s infrastructure in the region. It also will directly support long-established and increasing USCIS refugee processing circuit rides.

Qatar is a critical location and a regional refugee processing hub. Refugee coordinators from the U.S. Department of State’s Bureau of Population, Refugees, and Migration (PRM), as well as a suboffice for the Resettlement Support Center for the Middle East and North Africa, are already in Qatar. USCIS’ Doha Field Office will be located in the U.S. embassy facility at Camp As Sayliyah, and staff will also periodically meet with the public for scheduled appointments at the U.S. Embassy in Qatar.

Turkey is also a critical location and regional refugee processing hub. The headquarters office for the Resettlement Support Center for Turkey and the Middle East is in Turkey, as are PRM refugee coordinators and a regional office for the United Nations High Commissioner for Refugees. USCIS’ Ankara Field Office will be located in the U.S. Embassy Ankara.

USCIS staff will assume responsibility for processing Form I-730, Refugee/Asylee Relative Petition, from State Department consular staff, assist with certain fraud detection-related activities, and provide other limited services. Services at both locations will be available only by appointment. USCIS will update the International Immigration Offices webpage to include information about the field offices, services and appointments.

With the opening of the Doha Field Office on May 7, 2024, and the Ankara Field Office on May 9, 2024, USCIS will have 11 international field offices. Other international field offices include Beijing; Guangzhou, China; Guatemala City; Havana; Mexico City; Nairobi, Kenya; New Delhi; San Salvador, El Salvador; and Tegucigalpa, Honduras.

02/01/2024

IABA-PARS Equality Center is seeking impacted individuals for the Pars v. Blinken class action lawsuit challenging the unlawful implementation of the waiver provision of Trump’s Presidential Proclamation 9645, which was the last version of the Trump administration’s Muslim/African/Travel Ban.

We are still fighting this case, filed six years ago, to achieve justice (such as visa reconsideration) for impacted individuals and improve processes/policies for our communities overall.

However, to do so, we need to find new plaintiffs willing to help represent the class.

If you, or anyone you know, were affected by the Trump travel ban, please contact me.

Look out for scammers posing as USCIS officials. USCIS will only contact you through official government channels and wi...
12/21/2023

Look out for scammers posing as USCIS officials. USCIS will only contact you through official government channels and will not contact you through your personal social media accounts (such as Facebook, Twitter, WhatsApp, etc.).

This link will take you to a page that’s not on LinkedIn

11/15/2023

USCIS Establishes Family Reunification Procedures (FRP) for Ecuador

Process will allow family members to reunite in the United States while they wait for immigrant visas to become available

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced a Federal Register notice implementing a new family reunification parole (FRP) process for Ecuador, advancing the Biden-Harris Administration’s successful combination of expanded lawful pathways and strengthened enforcement to reduce irregular migration. The FRP processes promote family unity and are one of the comprehensive measures announced in April to promote safe and orderly migratory pathways, consistent with the objectives in the Los Angeles Declaration on Migration and Protection.

The new FRP process is by invitation only for certain nationals of Ecuador and allows an eligible beneficiary to be considered for parole into the United States on a case-by-case basis while they wait for their family-based immigrant visa to become available. This process is intended to reunite families more quickly and provide an alternative to dangerous irregular migration.

Certain nationals of Ecuador who are beneficiaries of an approved Form I-130, Petition for Alien Relative, may be eligible to be considered for parole under the new FRP processes. Qualifying beneficiaries must be outside the United States, must meet all requirements, including screening and vetting and medical requirements, and must not have already received an immigrant visa.

The process begins with the Department of State issuing an invitation to initiate the process to certain U.S. citizen or lawful permanent resident petitioners whose Form I-130 filed on behalf of an Ecuadorian principal beneficiary has been approved. Beneficiaries waiting for an immigrant visa could include certain children and siblings of U.S. citizens and certain spouses and children of permanent residents. The invited petitioner can then file a request to be a supporter of the beneficiary and eligible family members, who may then be considered for advance travel authorization and parole.

USCIS will begin using Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, for this process on Nov. 17, 2023.

As with all parole requests, under this FRP process for certain nationals of Ecuador, parole will be authorized only on a case-by-case and temporary basis after determining that there are urgent humanitarian or significant public benefit reasons for authorizing parole and that the beneficiary warrants a favorable exercise of discretion. Noncitizens paroled into the United States under this process will generally be considered for parole for up to three years and can request employment authorization while they wait for their immigrant visa to become available. When their immigrant visa becomes available, they may apply to become a lawful permanent resident.

Section 212(d)(5)(A) of the Immigration and Nationality Act provides Secretary of Homeland Security Alejandro N. Mayorkas with the discretionary authority to parole applicants for admission into the United States temporarily on a case-by-case basis for urgent humanitarian or significant public benefit reasons. Previous secretaries have exercised the parole authority to establish other family reunification parole processes administered by USCIS, including the Cuban Family Reunification Parole Program in 2007 and the Haitian Family Reunification Parole Program in 2014. DHS announced new FRP processes for Colombia, El Salvador, Guatemala, and Honduras in July and the modernization of FRP processes for Cuba and Haiti in August.

The Federal Register notice explains the application process and eligibility criteria.

11/15/2023

Home visits by USCIS

In the realm of U.S. immigration, there exists a common misconception that the United States Citizenship and Immigration Services (USCIS) merely scrutinizes documentation and contends with a backlog, leading to prolonged processing times. Contrary to this belief, the USCIS engages in comprehensive due diligence, including home visits and neighborhood investigations, underscoring the need for accuracy and transparency in immigration applications.

It is integral to recognize that the USCIS implements a deliberate practice of delaying action on green card cases, allowing applicants a period of apparent inactivity. This strategic approach aims to foster a false sense of security, thereby revealing the veracity of the information provided. Such practices are not limited to domestic cases but extend to applications for people who come from abroad.

The underlying purpose of this meticulous scrutiny is the detection and prevention of fraud. Acknowledging that honesty is a cornerstone of the American ethos, presenting a truthful and well-documented case garners the trust of the government, facilitating a more streamlined and efficient approval process. Instances where applicants adhere to the principles of honesty often experience expeditious case progression with minimal complications.

In navigating the complex landscape of immigration, seeking legal counsel becomes imperative. Engaging an attorney who prioritizes truthfulness ensures a solid foundation for your case. A cautionary note is sounded against the allure of practitioners who promise expeditious filings without emphasizing the importance of honesty, as such shortcuts may result in disappointment. It is incumbent upon applicants to comprehend the multifaceted processes within the U.S. immigration system, recognizing that the government possesses mechanisms to ascertain the veracity of statements. Ultimately, the proactive choice to embrace truthfulness serves as a safeguard against the ominous label of fraudulence by the U.S. government.

09/27/2023

Great News from the USCIS about work permits- they will be issued for 5 years instead of 1 or 2.

USCIS news:
We are updating guidance in the Policy Manual to increase the maximum validity period to 5 years for initial and renewal Employment Authorization Documents (EADs) for certain noncitizens who are employment authorized incident to status or circumstance, including those admitted as refugees, paroled as refugees, and granted asylum, as well as recipients of withholding of removal.

We are also increasing the maximum validity period to 5 years for initial and renewal EADs for certain noncitizens who must apply for employment authorization, including applicants for asylum or withholding of removal, adjustment of status under INA 245, and suspension of deportation or cancellation of removal.

The updated guidance also explains the categories of noncitizens who are automatically authorized to work (also known as being employment authorized incident to status or circumstance) and provides more information on who can present a Form I-94, Arrival/Departure Record, to an employer as an acceptable document showing employment authorization under List C of Form I-9, Employment Eligibility Verification. The Form I-94 must be accompanied by identity documentation for purposes of employment authorization. Finally, this guidance clarifies that certain Afghan and Ukrainian parolees are employment authorized incident to parole.

Increasing the maximum EAD validity period to 5 years is intended to significantly reduce the number of new Forms I-765, Application for Employment Authorization, we receive for renewal EADs over the next several years, contributing to our efforts to reduce associated processing times and backlogs. However, whether the noncitizen maintains employment authorization remains dependent on their underlying status, circumstances, and EAD filing category. For example, if an individual received an EAD under the (c)(9) category based on a pending adjustment of status application for the maximum validity period of 5 years, and the adjustment application is then denied, their ancillary employment authorization may be terminated before the expiration date listed on their EAD.

09/18/2023

New USCIS news: bad for DACA - no more new DACA issued

On Sept. 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision finding the Deferred Action for Childhood Arrivals (DACA) Final Rule unlawful and expanding the original July 16, 2021 injunction and order of vacatur to cover the Final Rule. However, the court maintained a partial stay of the order for “all DACA recipients who received their initial DACA status prior to July 16, 2021.” See the Memorandum and Order and Supplemental Order of Injunction.

Accordingly, current grants of DACA and related Employment Authorization Documents (EADs) remain valid until they expire, unless individually terminated. However, USCIS will continue to accept and process DACA renewal requests and accompanying applications for employment authorization under the DACA regulations at 8 CFR 236.22 and 236.23, as it has since October 31, 2022, in accordance with this decision. USCIS will continue to accept initial requests, but per the order, not process initial DACA requests.

Currently valid grants of DACA and related EADs will continue to be recognized as valid under the Final Rule. This means that individuals with DACA and related EADs do not have to submit a request for DACA or employment authorization until the appropriate time to seek renewal.

09/11/2023

Affirmative asylum seekers: news for anyone seeking asylum with the uscis. Bring your own translator. Not having a translator who is qualified per the rules of the USCIS might be deemed to have failed to appear for their interview. This could be a major issue for their case. Please read the news below to understand what is required.

U.S. Citizenship and Immigration Services reminds affirmative asylum applicants that, starting Sept. 13, 2023, you must bring an interpreter to your asylum interview if you are not fluent in English or wish to proceed with your interview in a language other than English.

If you need an interpreter and do not bring one, or if your interpreter is not fluent in English and a language you speak, and you do not establish good cause, we may consider this a failure to appear for your interview and we may dismiss your asylum application or refer your asylum application to an immigration judge. We will determine good cause on a case-by-case-basis.

The interpreter must be fluent in English and a language you speak fluently and must be at least 18 years old. The interpreter must not be:

Your attorney or accredited representative;
A witness testifying on your behalf;
A representative or employee of the government of your country of nationality (or, if you are stateless, your country of last habitual residence); or
An individual with a pending asylum application who has not yet been interviewed.
On Sept. 23, 2020, we published a temporary final rule (TFR) requiring affirmative asylum applicants to use our contracted telephonic interpreters for their asylum interviews, instead of bringing an interpreter to the interview. We published this TFR to reduce the spread of COVID-19 during asylum interviews with USCIS asylum officers while the COVID-19 national emergency and public health emergency were in effect. We published four subsequent TFRs extending the requirement, with the current extension effective through Sept. 12, 2023. This fourth extension provided additional time after the national and public health emergencies expired to allow us to prepare to return to the prior regulatory requirement. With the expiration of the TFR, we will be reverting back to the long-standing regulatory requirement for an affirmative asylum applicant to provide an interpreter under 8 CFR 208.9(g).

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