Green Card Granted in 3 Months: Adjustment of Status Success

by
Californiya Immigration

An Adjustment of Status (AOS) case has been approved in a record-fast, three-month timeframe. This expedited approval reflects the applicant’s diligent preparation, accurate documentation, and strict adherence to U.S. Citizenship and Immigration Services (USCIS) requirements. Moreover, the swiftness of this outcome is a testament to the meticulous work involved in the application process.

adjustment of status

Detailed guide: what to expect when you file for Adjustment of Status

Adjustment of Status (AOS) allows an eligible applicant already in the United States to apply for lawful permanent resident status without returning to their home country. While the general steps are consistent, every case is different. Below we describe a realistic timeline, the documents that matter most, and practical tips applicants can use to avoid common delays.

Typical timeline (realistic expectations)

Processing time depends on the USCIS field office, background checks, and whether Requests for Evidence (RFEs) are issued. A common timeline for a straightforward family-based AOS is:

  • Filing & Receipt: Receipt notice within 2–4 weeks.
  • Biometrics: Generally scheduled 2–6 weeks after filing.
  • Interview: Often scheduled 8–16 weeks after filing; can be longer at some offices.
  • Decision: Approval or further action typically within 1–3 months after interview for uncomplicated cases.

Documents that reduce risk of delay

Completeness and consistency are the two biggest predictors of a smooth AOS. Provide original or certified copies where required, and ensure names, dates, and spellings match across documents. Critical items include:

  1. Form I-485 (complete, signed) and any required supplement forms
  2. Approved or concurrently filed Form I-130 (family cases) where applicable
  3. Copies of passport pages showing admission and nonimmigrant status
  4. Certified birth and marriage certificates (with translations if not in English)
  5. USCIS medical exam (Form I-693) from an approved civil surgeon
  6. Proof of bona fide relationship for family-based petitions (photos, joint leases, shared accounts)

How to avoid RFEs

Responding to an RFE adds weeks or months. Common RFE triggers are inconsistent dates, missing translations, incomplete medical forms, and lack of certified documents. Use a checklist, double-check exact name spellings, and include a short cover letter that lists exhibits in order — this helps adjudicators and reduces back-and-forth.

FAQ — short answers

Can I work while AOS is pending?
Yes, after you file Form I-765 for employment authorization and receive the EAD card. Many applicants request concurrent EAD to avoid gaps.
Will an interview always be required?
Most family-based applications require an interview, but USCIS may waive the interview in rare, low-risk cases. Be prepared to attend unless explicitly told otherwise.
What if USCIS requests more information?
Respond quickly and precisely. If you receive an RFE, provide only the requested documents and label them clearly. Consult counsel for complicated requests.

Humanitarian reinstatement approved for Client from the Philippines

by

Client from the Philippines Secures Humanitarian Reinstatement

Filipino Client Secures Humanitarian Reinstatement Approval
In a significant immigration victory, a client from the Philippines has received approval for humanitarian reinstatement. This decision allows the client to continue with their immigration petition, despite the death of the petitioner, providing a renewed opportunity to reunite with family in the U.S.

Humanitarian Reinstatement Approval

cancellation of removal and adjustment of status for certain nonpermanent residents granted

by
immigration lawyer

Nonpermanent Resident Secures Adjustment of Status After Cancellation of Removal

A nonpermanent resident has secured Cancellation of Removal and Adjustment of Status approvals. This is a significant legal victory that grants them legal residency in the U.S. This outcome highlights the individual’s fulfillment of key conditions. These include continuous residence and demonstrating that their removal would cause exceptional hardship to a qualifying relative.

The Path to Legal Residency

Cancellation of Removal for Certain Nonpermanent Residents is a form of discretionary relief from deportation. It is for people in removal proceedings before an Immigration Judge (IJ). Unlike other types of relief, this process is very complex. The applicant must prove a number of difficult requirements. A successful outcome means the person has convinced the IJ their case deserves this rare form of relief.

To qualify for cancellation of removal, an applicant must meet three main legal requirements:

  • Continuous Physical Presence: The person must prove they have been in the U.S. for 10 or more years. This must be a continuous period right before they were served a Notice to Appear in court.
  • Good Moral Character: The applicant must show they have been a person of good moral character for this 10-year period. This includes having a clean criminal record. It also means having a history of positive community contributions.
  • Exceptional and Extremely Unusual Hardship: This is often the hardest requirement to prove. The applicant must show that their removal would cause “exceptional and extremely unusual hardship” to a qualifying relative. The relative must be a U.S. citizen or a lawful permanent resident. Qualifying relatives can include a spouse, parent, or child. This hardship must be much greater than what a family would normally face from a deportation.

When an IJ grants cancellation of removal, they also grant the person adjustment of status. This means the applicant’s status changes to that of a lawful permanent resident. They are then issued a Green Card. This approval ends the threat of deportation. It provides a secure legal status, allowing them to live and work in the U.S. permanently. The successful completion of this process proves the applicant’s hard work and the strength of their case.What are the specific requirements for proving ‘exceptional and extremely unusual hardship’?What are the main differences between Cancellation of Removal and other forms of relief?How can I find a lawyer who specializes in Cancellation of Removal cases?

Cancellation of Removal

U.S. Citizenship: Complete Naturalization Guide

by
California Immigration

Imagine securing your Certificate of Citizenship (N-600) in just three months—that’s the power of flawless preparation!

The key to this expedited process is filing a perfect application with all supporting documents. Additionally, ensure your biometrics are scheduled immediately and respond to any USCIS requests without delay. A fast approval minimizes stress and opens doors to benefits like an easier U.S. passport application.

U.S. citizenship naturalization

U.S. Citizenship — how naturalization works, who qualifies, and practical next steps

Naturalization is the legal process by which a lawful permanent resident (green card holder) becomes a U.S. citizen. It requires meeting eligibility rules (continuous residence, physical presence, good moral character), filing Form N-400, passing an interview and civics/English test (unless exempt), and taking the Oath of Allegiance. Start early, organize documents carefully, and prepare for the interview and test to avoid delays.

Who typically qualifies

  • Most applicants: LPR for 5 years (3 years if married to a U.S. citizen) and residence in the state/USCIS district for 3 months before filing.

Core requirements

  1. Continuous residence & physical presence: meet statutory residence and physical-presence rules; prolonged absences can break continuity. 
  2. Good moral character: USCIS evaluates criminal and other conduct during the statutory period. 
  3. English & civics test: USCIS administers an English component and a civics test; new 2025 civics test rules apply to applicants filing on or after Oct. 20, 2025. 
  4. Filing & fees: file Form N-400 and pay the correct fee (or submit a reduced-fee or fee-waiver request if eligible). 

Typical process

  • File N-400 → biometrics → interview & test → decision → Oath of Allegiance (if approved). Processing times vary.

Fee help

  • Reduced fee for N-400 is available in certain income ranges; fee waivers (I-912) apply in limited circumstances — follow USCIS guidance closely.
U.S. citizenship naturalization

naturalization approved in 6 months

by
Naturalization

Achieving U.S. Citizenship in 6 Months: Key Steps to Success

An individual successfully completed the naturalization process in just 6 months, securing U.S. An individual completed the naturalization process in just 6 months, securing U.S. citizenship very quickly. This great outcome happened because they had organized documents, submitted everything on time, and were actively involved in the process.

The Naturalization Process

Naturalization is how a lawful permanent resident (LPR) becomes a U.S. citizen. To qualify, an LPR must meet certain rules. They must be at least 18 and have lived continuously in the U.S. for a specific time, usually 5 years. This period is 3 years if they are married to a U.S. citizen. They must also show good moral character. The average time for a naturalization application (Form N-400) often takes a year or more. So, a six-month approval is very rare. It proves the applicant and USCIS were efficient.

Key Factors for a Quick Approval

Several things likely helped this case move so fast. First, organized documents are key. The applicant must have had everything ready to go. This includes their Green Card, birth certificate, and a list of addresses and employers. One missing or wrong document can cause a Request for Evidence (RFE), which can cause months of delay.

Second, timely submission is important. The application was likely filed at the earliest date possible. That’s usually 90 days before the person meets the residency rule. This timing gets the application into the system sooner.

Finally, proactive engagement was a big factor. The person promptly replied to all USCIS requests. They also attended their biometrics appointment on time. Being fully prepared for the naturalization interview also helped. A ready applicant who has their documents in order can help a USCIS officer decide the case quickly. This fast process gives the person all the rights and protections of U.S. citizenship. These include the right to vote and get a U.S. passport. It also protects them from deportation.

Naturalization process

U visa adjustment of status granted

by
California Immigration

The U nonimmigrant status (commonly called the “U visa”) is designed to protect victims of certain qualifying crimes who assist, or are likely to assist, law enforcement in the investigation or prosecution of that crime. The U visa provides temporary lawful status, work authorization, and a path to lawful permanent residence for eligible principal petitioners (and certain qualifying family members). For many survivors, obtaining a U visa opens access to safety, stability, and public benefits while a case proceeds.

Key components that intake staff should confirm immediately are: (1) whether the client is the victim of a qualifying criminal activity, (2) whether there is a detailed, signed certification from a law enforcement agency (Form I-918, Supplement B) or an eligible certifying official, and (3) whether the client is willing and able to provide reasonable assistance to an investigation or prosecution (or can show that such assistance is likely). Timely, careful documentation of both the criminal incident and the client’s cooperation with authorities is essential — many denials are avoidable by a clear, well-organized intake file and early communication with the certifying agency.

U Visa

 


— Overview & Client Intake

By Brian D. Lerner — Practical intake checklist, eligibility summary, and next steps for victims and advocates.

 

U Visa quick reference

TopicShort summaryWhy it matters
Qualifying crimeIncludes violent and certain non-violent crimes (e.g., assault, sexual assault, domestic violence, trafficking, extortion, etc.).Only victims of qualifying criminal activity are eligible; identify crime type and evidence early.
Certification (Form I-918, Supp. B)Signed by law enforcement or other authorized certifying official confirming victim’s helpfulness.Certification is required to file a principal U petition; obtain the correct certifying signature early.
Assistance to authoritiesVictim must be, or likely to be, helpful in investigation/prosecution; exceptions exist for victims under certain protections.Document cooperation: interviews, court appearances, police reports, referrals.
Derivative familySpouse, unmarried children under 21, and in some cases parents/children of principals under 21 may derive status.Identify family members early to include them in filings or family petitions as appropriate.

Immediate intake checklist 

  • Client full legal name, aliases, DOB, country of birth, and current contact method (phone/WhatsApp/email).
  • Summary of the criminal incident(s): date(s), location(s), description of events, and names of perpetrators (if known).
  • Any police reports, incident numbers, hospital/medical records, or witness statements — collect and scan.
  • Whether law enforcement has issued or will issue a Form I-918, Supplement B (name and contact of certifying official/agency).
  • Document all interactions with law enforcement/prosecutors: interview dates, court dates, subpoenas, letters of cooperation.
  • Family composition and immigration status of family members (spouse, children); collect birth/marriage certificates and IDs.
  • Any prior immigration history, removals, criminal convictions, or inadmissibility issues — flag for attorney review.
  • Assess immediate safety needs (shelter, medical, mental health) and make referrals; document referral outcomes.

Frequently asked questions

Who can file a U visa?

A person who is a victim of qualifying criminal activity, who has suffered substantial physical or mental abuse from the crime, who possesses information about the crime, and who has been helpful, is being helpful, or is likely to be helpful to law enforcement in the investigation or prosecution.

What is Form I-918, Supplement B?

Form I-918, Supplement B is the law-enforcement certification that confirms the victim’s helpfulness. It must be completed by an authorized official (e.g., police, prosecutor, victim-witness coordinator) and is required for the principal U petition.

Does a U visa lead to a green card?

U nonimmigrant status is temporary, but eligible principal petitioners may apply for adjustment to lawful permanent resident status after meeting statutory requirements. Eligibility for adjustment depends on continuous physical presence, admissibility, and other criteria — confirm current rules with counsel or official USCIS guidance.

Can my family get protection too?

Certain immediate family members (spouse, unmarried children under 21, and other limited relations depending on principal’s age/status) can derive U status. Document family relationships with certified birth/marriage records early.

What happens if law enforcement refuses to sign the certification?

If the certifying agency will not sign, ask for written explanation and explore alternative certifying officials or advocate through victim-witness services and legal counsel. Some jurisdictions have specific guidelines for certifying officials and victim advocates who can assist.

I-131 Reentry Permit Filings to Avoid Rejection with the New Form

by
California Immigration

I-131 Reentry Permit Filings: How to Avoid Rejection with the New Form

A reentry permit lets a lawful permanent resident (LPR) reenter the U.S. after extended travel (generally up to 2 years) without being treated as having abandoned residence. With the updated Form I-131, avoid rejections by following this tight checklist:

1) Use the correct, current edition

  • Download Form I-131 directly from USCIS right before you file.
  • Verify the Edition Date at the bottom of every page matches the date listed on the USCIS form page. Don’t mix editions.

2) Select the right benefit

  • Check “Reentry Permit” (not Advance Parole or Refugee Travel Document).
  • Provide your A-Number, USCIS online account (if any), and prior reentry permit number (if applicable).

3) File from inside the U.S.

  • You must be physically present in the United States when USCIS receives the I-131.
  • Plan for biometrics in the U.S. at an ASC; overseas biometrics generally aren’t available. If you must travel soon, consider requesting an expedite with evidence.

4) Fees done right

  • Use the USCIS Fee Calculator for the new form/fees.
  • Pay the exact amount and method the form page specifies. (Fee waivers typically not available for reentry permits.)

5) Decision-ready packet

  • Include a copy of your green card (front/back) or other proof of LPR status.
  • Add a valid passport ID page copy and any prior permit.
  • Answer travel history and intended-travel questions completely and consistently.
  • If using paper, sign in ink; reproduced wet signatures are acceptable unless the instructions say otherwise.
  • Add Form G-1145 for e-notification of receipt.

6) Filing location & delivery

  • Use the current direct filing address for reentry permits. Courier with tracking; keep proof of delivery.

7) After filing

  • Don’t miss ASC biometrics; bring ID.
  • If traveling after filing, keep your I-797C receipt, and arrange for reentry permit delivery (lockbox won’t ship overseas—use a trusted U.S. address or request consular pickup per instructions).

Practical tips
Stay under extended absences when possible, keep U.S. ties (home, taxes, job), and consider a reentry permit renewal if travel will continue. A clean, current-edition I-131 with exact fees, U.S. presence at filing, and timely biometrics prevents most rejections.

Form I-131

State Department Updates Regulations on Pardons Affecting Visa Ineligibility

by

DHS

Impact of Pardons on Visa Ineligibility Clarified in New DOS Rule

What changed about pardons and visa ineligibility?

The U.S. State Department updated its regulations to clarify how pardons affect criminal-related visa ineligibilities. In short, a state pardon or expungement does not remove a visa ineligibility based on certain convictions. A full and unconditional presidential pardon may affect limited grounds, but this is rare. Therefore, most applicants must rely on statutory waivers (such as INA §212(h)) rather than pardons when seeking a visa. 

What this means in practice

  • Inadmissibility (visas): Consular officers generally cannot treat a state pardon, expungement, or “legislative pardon” as erasing ineligibility under INA §212(a)(2)(A) (CIMT) or §212(a)(2)(B) (multiple convictions). Presidential pardons are the exception noted in the rule. 

  • Deportability (inside the U.S.): For people already admitted, a full and unconditional state or presidential pardon can eliminate some criminal deportability grounds under INA §237(a)(2)(A)(vi); however, it does not fix inadmissibility for future visas. 

Your options if you have a past conviction

212(h) waiver (for certain crimes): Many applicants pursue a §212(h) waiver rather than relying on a pardon. Eligibility turns on the type of offense, hardship to qualifying relatives, and other factors. We evaluate whether §212(h) or another path fits your case. 

Other strategies: Sentencing/“petty offense” exceptions, youth-offense exceptions, and careful CIMT analysis may avoid a finding of inadmissibility altogether. We analyze your statute and records line by line. 

Evidence checklist for a visa case with criminal history

  • Certified docket, complaint, judgment, and sentence

  • Proof of rehabilitation (programs, treatment, employment, community service)

  • Family hardship documentation for any waiver request

  • If applicable, any pardon documentation (we will explain its limited effect at the visa stage)

As a result, your file presents a complete, accurate picture.

FAQs

Does a state pardon fix my visa inadmissibility?
No. State pardons and expungements generally do not remove visa ineligibility under §212(a)(2)(A) or (B). 

Do presidential pardons help?
Possibly, for certain §212(a)(2)(A) or (B) ineligibilities—but presidential pardons are rare and the rule’s text is narrow. Most applicants still need a statutory waiver. 

If I’m already a permanent resident, can a pardon stop deportation?
Sometimes. A full and unconditional pardon can eliminate certain deportability grounds under §237(a)(2)(A)(vi), which is different from consular inadmissibility. 

How we help

First, we identify whether your issue is inadmissibility (visa) or deportability (inside the U.S.). Next, we analyze the conviction and exceptions, and assess §212(h) or other waivers. Then, we prepare a thorough brief and evidence packet. Finally, we track deadlines and respond to any requests for evidence.

Have a conviction and need a visa plan? Schedule a consultation or call (562) 495-0554.

Disclaimer: General information only. Policies and FAM guidance change; we confirm the current rule for your case at the time of filing.

best immigration lawyer near me

The Department of State (DOS) published a final rule amending 22 CFR Part 40 regarding the effect of certain pardons on criminal-related grounds of visa ineligibility. This final rule, effective August 22, reflects the DOS’s agreement with the Seventh Circuit Court of Appeals in its recent opinion in Wojciechowicz v. Garland. The DOS finds that the court’s analysis regarding the lack of underlying authority in the Immigration and Nationality Act (INA) giving effect to such pardons extends to the Department’s own regulation at 22 CFR 40.22(c) regarding ineligibility for multiple criminal convictions.

The Rule’s Background and Rationale

For decades, the DOS’s regulations at 22 CFR 40.21(a)(5) and 40.22(c) have provided that a full and unconditional pardon from a U.S. state governor could remove a ground of visa ineligibility related to convictions for a single crime involving moral turpitude or for multiple criminal convictions. However, the Seventh Circuit’s decision in Wojciechowicz directly challenged this long-standing policy. In that case, the court determined that the INA, as amended by Congress, does not contain a statutory provision that gives effect to a gubernatorial pardon for inadmissibility under INA § 212(a)(2)(A)(i) or INA § 212(a)(2)(B). The court ruled that an agency regulation cannot override a clear statutory text.

The new final rule from the DOS agrees with this legal reasoning. The DOS is amending its regulations to align with the court’s finding that Congress did not provide a statutory exception for state pardons for certain criminal-related inadmissibility grounds. As a result, the Department is now explicitly stating that a state-level pardon does not remove visa ineligibility for these specific criminal convictions.

Implications for Visa Applicants

The most significant change is the explicit distinction the rule makes between state pardons and presidential pardons. The INA provides a statutory exception for presidential pardons, but not for pardons granted by a state governor. The final rule removes the language that previously gave effect to gubernatorial pardons for inadmissibility under INA sections 212(a)(2)(A)(i) and 212(a)(2)(B), while retaining the provision for presidential pardons.

This means that a visa applicant who has been convicted of a crime involving moral turpitude or multiple criminal convictions that would otherwise make them inadmissible will not have that inadmissibility waived simply by obtaining a pardon from a state governor. The rule implements the Seventh Circuit’s interpretation, making it the official policy of the Department of State and resolving the conflict between the agency’s regulations and the INA’s statutory text.

DHS

Inspector General Report: ICE Fails to Fully Monitor Unaccompanied Migrant Children Post-Release

by
DHS

OIG Report Reveals ICE’s Monitoring Gaps for Released Unaccompanied Migrant Children

DHS’s Office of the Inspector General (OIG) found that U.S. Immigration and Customs Enforcement (The Office of the Inspector General (OIG) for the Department of Homeland Security (DHS) found that U.S. Immigration and Customs Enforcement (ICE) can’t fully monitor unaccompanied migrant children (UACs) after DHS and HHS release them. The audit, titled “ICE Cannot Effectively Monitor the Location and Status of All Unaccompanied Alien Children After Federal Custody,” found problems with tracking UACs and coordinating with the Department of Health and Human Services (HHS). The report gives specific recommendations to improve systems and processes, and it includes ICE’s responses.

Key Audit Findings

The OIG’s final report, dated March 25, 2025, determined that ICE can’t effectively monitor the location and status of all UACs once agencies release them from federal custody. From fiscal years 2019 to 2023, ICE transferred over 448,000 UACs to HHS within the Department of Homeland Security. Most of these children were later released to sponsors. However, the audit found major gaps in the tracking process:

  • More than 31,000 children had blank, undeliverable, or missing apartment numbers in their release addresses.
  • As of January 2025, ICE had not served Notices to Appear (NTAs) on more than 233,000 UACs, which means they had not been placed in removal proceedings.
  • As of October 2024, over 43,000 UACs who received NTAs didn’t show up for their scheduled court dates.

The OIG found that ICE often did not know the location of UACs who fled HHS custody. It also did not consistently receive notification of a child’s status unless someone reported abuse or a tip. The OIG’s report says that without the ability to monitor these children, ICE cannot ensure they are safe from exploitation or trafficking. This is a significant concern for the Department of Homeland Security.

Reasons for the Deficiencies and Agency Response

The audit identified multiple reasons for ICE’s tracking problems. A main reason was the lack of an accurate or automated system for sharing information between agencies. The report revealed that ICE field offices used “manual workarounds” such as spreadsheets and emails to track UACs. The OIG also noted a 2021 agreement between DHS and HHS had removed rules for sponsor vetting and information sharing, impacting the Department of Homeland Security’s effectiveness.

The OIG’s report included four recommendations to improve ICE’s monitoring. In a formal response, ICE agreed with all four. The agency said it has been taking steps to automate information sharing for children’s court attendance. It plans to continue improving these processes and to implement the OIG’s recommendations. The OIG’s findings expose significant vulnerabilities in the current system, underscoring the urgency of the matter and the risks a vulnerable population faces after release from federal custody, highlighting challenges for the Department of Homeland Security.

Department of Homeland Security

New Filing Instructions from USCIS for Form I-131F: Parole in Place for Eligible Family Members

by
California Immigration

USCIS has introduced a new process for certain noncitizen spouses and stepchildren of U.S. citizens to request parole in place (PIP) under the “Keeping Families Together” initiative. This new process requires applicants to file Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses USCIS created Form I-131F for noncitizen spouses and stepchildren of U.S. citizens to apply for parole in place (PIP). This form is part of the “Keeping Families Together” initiative. Applicants must file the form online through a MyUSCIS account. Paper applications will be rejected.

Eligibility

To qualify for this new process, applicants must meet several key criteria. They must be the noncitizen spouse or stepchild of a U.S. citizen. The marriage must have been legal on or before June 17, 2024. For stepchildren, the noncitizen parent must have married the U.S. citizen before the stepchild’s 18th birthday and on or before June 17, 2024.

Applicants must be physically in the United States without having been formally admitted or paroled. Spouses must have been continuously present since at least June 17, 2014. Stepchildren must have been continuously present since at least June 17, 2024. Finally, applicants must not have a disqualifying criminal history. They must not pose a threat to public safety or national security.

Filing and Documentation

The Form I-131F application process is entirely online. Each person applying, including children, needs their own MyUSCIS account and must file a separate form. A parent or legal guardian can create an account and file for a minor child. The filing fee is $580. Fee waivers or exemptions are not available for this process.

Applicants must submit various documents to prove their eligibility. These include evidence of their identity and relationship to the U.S. citizen, such as a marriage certificate or birth certificate. They must also provide proof of their continuous physical presence in the U.S. for the required period. This can include documents like tax returns, utility bills, or school records. If applicable, applicants must provide criminal history records.

Processing and Outcomes

After filing, applicants will receive a receipt notice and a biometrics appointment. USCIS has not set a specific processing time for Form I-131F. However, they advise applicants to follow up on their case after 90 days if they have not heard anything.

If approved, parole is typically valid for up to three years. A grant of parole does not grant a Green Card. However, it may allow the individual to apply for adjustment of status to become a lawful permanent resident without having to leave the U.S.

U.S. Citizenship and Immigration Services

Federal Register Notice Released: DHS Implements ‘Keeping Families Together’ Policy

by
DHS

Breaking Down the Federal Register Notice: DHS’s Family-Focused Plan

In June 2024, the Department of Homeland Security (DHS) announced a parole-in-place program called “Keeping Families Together.” This was for certain noncitizen spouses and stepchildren of U.S. citizens. The program aimed to promote family unity and economic stability. It also sought to streamline the immigration process with background checks.

This program allowed eligible people in the U.S. without a lawful entry to apply for relief. They could do so without leaving the country. Leaving the U.S. for consular processing often leads to long family separations. This new program would have granted parole in place on a case-by-case basis. Parole in place is a discretionary authority. It allows DHS to grant temporary presence for urgent humanitarian reasons or for a significant public benefit. Individuals granted parole could then apply for adjustment of status to become lawful permanent residents. This would let them get a Green Card without leaving the U.S.

Eligibility

The eligibility criteria were specific. Applicants had to be the noncitizen spouse or stepchild of a U.S. citizen. The qualifying marriage had to be valid on or before June 17, 2024. For stepchildren, the noncitizen parent had to marry the U.S. citizen before the stepchild’s 18th birthday and on or before June 17, 2024.

Applicants also had to have been in the U.S. continuously for a set period. Spouses needed to be present since at least June 17, 2014. Stepchildren needed to be present since at least June 17, 2024. All applicants had to lack a disqualifying criminal history. They could not pose a threat to public safety or national security.

The Application

The application process was online only. Applicants had to file Form I-131F, “Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens,” through a MyUSCIS online account. Each person, including children, needed a separate account and form. The filing fee was $580. Fee waivers were not available.

Applicants had to submit various documents. These included proof of identity, the U.S. citizen’s citizenship, their relationship, and continuous physical presence. Anyone with a criminal history had to provide records showing the final outcome of any charges. After filing, applicants would have a biometrics appointment for fingerprints and photos. If approved, parole would generally be for up to three years. This would allow them to apply for work authorization and, if eligible, for a Green Card.

Program Status

The “Keeping Families Together” program has been halted. On November 7, 2024, a federal court in Texas ruled against it. The court vacated the parole process. USCIS is no longer accepting or processing new Form I-131F applications. All pending applications will not be adjudicated. Biometrics appointments for this process have also been canceled. USCIS has stated that it will provide more information on how it will handle pending cases and paid fees.

Department of Homeland Security

Department of Homeland Security

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.”

Court Agrees with Remand Request After BIA Misconstrues California Penal Code §1473.7(a)(1)

by

Overview: Legal Basis for the Remand Request

A request for remand was not frivolous because the Board of Immigration Appeals (BIA) made a clear error. The BIA misconstrued a California law and a state court order. The state order had vacated a petitioner’s plea. It found the plea was constitutionally deficient. This error by the BIA justified sending the case back for a new review.

This case highlights the link between state and federal law in immigration cases. California Penal Code §1473.7(a)(1) lets people who are no longer in custody challenge a conviction. The challenge must be based on a “legally invalid” plea. A plea is legally invalid if an attorney made a prejudicial error. For example, they may have failed to advise a defendant of immigration consequences. This is a crucial issue for noncitizens, as convictions can lead to deportation.

The BIA is the highest administrative body for immigration law. It must consider state court records and state law when reviewing a case. In this instance, a state court had set aside the petitioner’s conviction under the California law. This action nullified the conviction.

The BIA’s Mistake

The BIA failed to properly recognize the effect of the state court’s order. BIA policy is to give effect to state orders that vacate convictions due to a defect in the original proceedings. The state court’s finding of a “constitutionally deficient” plea meant the conviction was legally invalid from the start.

The BIA, however, did not give the state order its proper weight. It likely saw the vacatur as an attempt to avoid deportation. It did not see it as a correction of a legal error. This misinterpretation was a legal mistake. Therefore, a remand was a necessary and proper step for the petitioner to correct the BIA’s error. The petitioner was not relitigating facts. Instead, they were asking the BIA to re-examine the legal effect of the state court’s decision. This confirms that a remand is a valid action when a legal body makes a clear error.

Case Status Online Expanded: USCIS Enhances Applicant Experience

by
California Immigration

Starting August 14, 2024, the Department of Homeland Security (DHS) changed its policy for processing asylum seekers at the U.S.-Canada border. These changes aim to limit attorney access. They also increase the use of expedited removal. The new rules came after a rise in migrant crossings on the northern border.

Asylum Process Changes

The new policy makes two major changes to speed up the asylum process. These rules apply to people covered by the Safe Third Country Agreement with Canada.

First, during the Threshold Screening Interview (TSI), asylum officers will only consider evidence that is available at the time of the interview. In the past, migrants could delay their screening to get more documents. The new rule now requires applicants to present all testimony and documents during this first interview.

. The consultation period is a minimum of four hours. It only runs from 7 a.m. to 7 p.m. This strict time limit on legal help could hurt an asylum seeker’s ability to prepare for their interview.

Expedited Removal

The main goal of the new policy is to use expedited removal more often. This process allows immigration officers to quickly deport certain noncitizens without a hearing before an immigration judge. Asylum seekers can still express a fear of persecution to avoid immediate removal. However, the process is very fast. They must have a Credible Fear Interview (CFI) with an asylum officer. If the officer finds no credible fear, the person can be quickly deported. The new policies are designed to make it harder to pass this first screening. This, in turn, increases the number of people who can be placed in expedited removal.

Critics argue that these changes pose risks to due process. Limiting attorney access and speeding up the process could lead to the deportation of people with valid asylum claims. These changes create a faster path to deportation. This is especially true for those who lack the time or resources to get evidence and legal help under the new, stricter rules.

USCIS

DHS Suspends Humanitarian Program for 360,000 Migrants from Haiti, Venezuela, Nicaragua, and Cuba

by
California Immigration

The Department of Homeland Security (DHS) has terminated its humanitarian parole program for nationals of Cuba, Haiti, Nicaragua, and Venezuela. It was a significant shift in U.S. immigration policy.

Program Termination

The humanitarian parole program, often called the CHNV program, was a key part of the Biden administration’s strategy for managing migration. Department of Homeland Security initiatives provided a legal and orderly way for individuals to come to the U.S. temporarily. The program required U.S.-based sponsors to financially support the applicants. The goal was to reduce illegal crossings at the U.S.-Mexico border. Over 500,000 individuals benefited from the program.

On March 25, 2025, the new DHS Secretary announced the termination of the CHNV program. DHS stated that parole for these individuals would expire no later than April 24, 2025. This move effectively left over half a million people without a clear path to legal status. The Department of Homeland Security has also stated that it would prioritize the removal of CHNV beneficiaries who remain in the U.S. without a pending immigration application after their parole expires.

The program’s termination has faced legal challenges. The lawsuit alleged violations of the Administrative Procedure Act and the Due Process Clause of the Fifth Amendment. In April 2025, a judge temporarily paused the termination. However, the U.S. Supreme Court later allowed the DHS to end the program on May 30, 2025.

The termination of this program is a major policy change. It removes a key pathway for individuals from these four countries to enter the U.S. legally. The Department of Homeland Security’s decision has created uncertainty for many families. It has also raised concerns among immigration advocates. They worry that it could lead to an increase in unauthorized border crossings.

Department of Homeland Security

Contact Form