UPDATE: THE BIDEN ADMINISTRATION’S PAROLE IN PLACE PROGRAM FOR SPOUSES OF U.S. CITIZENS STRUCK DOWN BY FEDERAL COURT

On November 7, 2024, the Parole In Place program was struck down by a federal court. Although the Biden Administration may appeal the decision, given the results of the recent presidential election, it is unlikely the program will be reinstated.

This article was written before the court order.  It outlines the main issues of the proposed program, which are now moot.

In the author’s view, since many of the parole program’s beneficiaries would have been relatives of Hispanic immigrants living in the United States, it is puzzling why nearly 50% of Latinos who voted supported the Trump campaign.

However, parole may be dead, but at least two options for would-be applicants remain that may still help them one day win permnent residence.

On June 18, 2024, President Biden announced a new program entitled “Process To Promote The Unity And Stability of Families”, for immigrant spouses of U.S. citizens.

The proposal relies on a concept known as Parole-In-Place.

This form of parole enables immigrants, already in the U.S. – who have not been admitted – to remain in the United States. Generally, parole-in-place has been reserved for specific family members of a current or past member of the U.S. military.

With the announcement, the Biden Administration expanded the use of Parole-In-Place to immigrant spouses of U.S. citizens. Those who are approved will receive a three-year work permit, deferral from deportation, and allowed to apply for permanent residency in the U.S.

April 1, 1997.

The day IIRAIRA went into effect.

The day we entered the Age of Immigration Darkness.

It’s your choice.

You can engage in social media discussions responsibly.

Or you can share whatever images of yourself that you fancy.

Just be aware others are paying attention.

Some may be immigration officers.

Want to know the big secret to winning I-601 waiver cases?

I learned it early in my career at a seminar for new attorneys. A judge, running the course, gave me a piece of advice that guides me to this day. It’s proven crucial in countless trials and appeals with immigration courts and agencies.

The advice, though simple, was profound.

Good lawyers, said the judge, prepare in advance. They know their evidence before their hearings start. They maximize their clients’ chances of success.

Overcoming negative moments in life does not simply happen.

For many immigrants, nowhere is this more true than in overcoming abusive relationships with a person they both love and fear.

Many immigrant who are victims of domestic violence and physical abuse feel trapped in their relationships.

It requires taking actions to change and the courage to take those actions.

They worry that without their partner, no matter how badly they are mistreated and harmed, there is no path to permanent residence.

They’re wrong.

I wanted to retire.

I felt unmotivated to fight.

I knew my clients deserved better. They were facing deportation, a near life-or-death situation, and they needed a warrior.

My passion for law had disappeared.

My mother had passed away.

Fighting my own mental and emotional wounds, I had nothing left over to give to others.

Sound a little harsh?

Good.  I have your attention.

If you work with a notario, you’re likely ready to pounce on every word I write.

Perhaps reading my title, your ears perked up like a poodle sensing potential danger nearby.

Allow me to explain.

At a recent green card interview, the officer asked my client, “Why did you return home in 1985 and 1988?”

“To give birth to my two children,” she responded.

“I couldn’t afford the health care here.”

The officer gave me a confused, dazed look.

I couldn’t bite my lip.

“Sort of kills the anchor baby rhetorical nonsense, doesn’t it?”

He never went home.

He left his native county at the age of 20 to find work. Born in an impoverished area of a poor country, he left home to earn money which he could send back to his mother and eight siblings.

He ventured through, and stayed briefly at, a few countries, eventually reaching the United States.

For the next 25 years, he crisscrossed California, Arizona, and Utah, moving from crop to crop before settling in San Diego where he worked as a dishwasher at one of the city’s most prestigious restaurants.