Policy

USCIS Extends Green Card Validity After Filing For Renewal

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Extension to Automatic Renewal of Green Card After Filing for Replacement or Renewal on Form I-90

Effective Sept. 10, 2024, U.S. Citizenship and Immigration Services automatically extended the validity of Permanent Resident Cards (also known as Green Cards) to 36 months for lawful permanent residents who file a Form I-90, Application to Replace Permanent Resident Card.    A Form I-90 receipt notices had previously provided a 24-month extension of the validity of a Green Card.    Lawful permanent residents who properly file a Form I-90 to renew an expiring or expired Green Card may receive this extension. USCIS has updated the language on Form I-90 receipt notices to extend the validity of a Green Card for 36 months from the expiration date on the face of the current Green Card for individuals with a newly filed a Form I-90 renewal request. On September 10, 2024, USCIS began printing amended receipt notices for individuals with a pending Form I-90 application.    These receipt notices can be presented with an expired Green Card as evidence of continued status. This extension is expected to help applicants who experience longer processing times, because they will receive proof of lawful permanent resident status as they await their renewed Green Card.   Evidence of Green Card If you no longer have your Green Card and you need evidence of your lawful permanent resident status while waiting to receive your replacement Green Card, you may request an appointment at a USCIS field office by contacting the USCIS Contact Center, and we may issue you an Alien Documentation, Identification, and Telecommunications (ADIT) stamp after you file Form I-90.    For more information, visit our Replace Your Green Card page.    When Must a Green Card be Replaced? If you are a lawful permanent resident, you must replace your Green Card if: If you are a conditional permanent resident, you must replace your Green Card if: Old Versions of LPR Card That are No longer Valid If you have a previous version of the noncitizen registration card (for example, USCIS Form AR-3, Form AR-103 or Form I-151), you must replace it with a current Green Card. LEGAL AUTHORITY Section 264 of the Immigration and Nationality Act (INA) states, “Every alien in the United States . . . shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations . . .” It also says, “Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him . . .. Any alien who fails to comply with [these provisions] shall be guilty of a misdemeanor…” The specific requirements and procedures for applying to replace a Green Card are contained in the Code of Federal Regulations (CFR) at 8 CFR section 264.5. WHAT IS A USCIS FORM I-551? A Form I-551 is the physical card that is issued as proof of a person’s legal permanent resident status. It is the actual “green card.” It has changed several times of the years so it is no longer green but it is still referred to as a green card by most. <- 2017 Card The 2011 Edition of the Form I-551 An LPR can also get an I-551 or AUDIT Stamp in their passport as temporary proof of status while waiting for a new card. 1960’s Green Card

Court Denies Motion to Vacate & Extends Stay of New Parole in Place Program

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Judge says Hold On

On September 4, 2024, a Federal Court denied the Federal Government’s motion to vacate and extended the stay that was previously put in place to prevent the Department of Homeland Security from granting applications for the new Keeping Families Together (parole-in-place for certain spouses of US citizens). The court extended itstemporary stay and restraining order for an additional 14-day period, such that it expires at the end of September 23, 2024, though it may be extended again. DHS can and will continue to receive applications for the new program but are barred from granting anyone parole under the order. Another hearing was scheduled for September 18, 2024, and deadlines for motions were set for the week prior. The Court said it was moving the case along on an accelerated timeline. The order states, “The rigor of defendants’ recent 60-page filing, however, does convince the court that a hearing on the facts and the law can be scheduled on an even more accelerated schedule than previously anticipated, which the court sets below.” If you are interested in reading the entire order from the Court you can find it below.

Process to Promote the Unity and Stability of Families (PIP Expansion)

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update

USCIS sent out an email regarding the Biden Administrations recent executive action to allow the spouses of US citizens who have been living in the US for ten years and who entered without inspection to get parole in place in order to become eligible for adjustment of status allowing them to bypass the need of obtaining an I-601A. The announcement refers to the program as the “Process to Promote the Unity and Stability of Families.” The Department of Homeland Security (DHS) had announced this on On June 18, 2024. There are no details available yet about the process beyond the basic eligibility criteria. We still don’t know the process for applying, how the applications will be adjudicated, or anything else. The email states that USCIS will begin accepting applications on August 19, 2024. It says that if you apply before August 19, 2024, USCIS will reject the application. To get the details about eligibility and the application process will all have to wait for the final rule to be published in a forthcoming Federal Register notice. When will the Expanded Parole In Place Program begin? August 19, 2024 Who is Eligible? To be considered for a discretionary grant of parole, on a case-by-case basis, under this process, you must:     YOU CANNOT FILE ANYTHING YET AND YOU SHOULD NOT LISTEN TO ANYONE WHO IS TELLING YOU THAT YOU CAN. THE FINAL RULE HAS NOT BEEN RELEASED AND NO ONE KNOWS THE PROPER PROCEDURES AT THIS TIME. USCIS WILL NOT ACCEPT ANY APPLICATIONS BEFORE AUGUST 29TH. What You Can Do Now  Although we are not currently accepting applications, you can begin to prepare to file a parole application by gathering evidence of your eligibility, such as:   For noncitizen children of requestors, evidence of eligibility could include:  — Evidence of the child’s presence in the United States as of June 17, 2024. — Evidence of the child’s relationship to the noncitizen parent, such as a birth certificate or adoption decree;  — Evidence of the noncitizen parent’s legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate; and  — Evidence of the child’s presence in the United States as of June 17, 2024.   GO TO THE OFFICIAL USCIS WEBSITE FOR INFORMATION https://www.uscis.gov/keepingfamiliestogether

Biden Administration Expands Parole In Place to Spouse’s of US Citizens–Does NOT Extend Immigration Benefits to Any Immigrants Who Were not Already Eligible for a Green Card

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What is Parole-in-Place? Parole-in-Place (PIP) is an immigration policy that grants temporary protected legal status to certain undocumented individuals who are already in the United States that are present without admission or parole. It is a sort of legal fiction in which the person will be “paroled” into the US without actually having to leave and reenter. Once a noncitizen has been paroled into the US they become eligible to adjust status to that of a legal permanent resident, something that cannot be done (in most circumstances) by a noncitizen who entered the US without being admitted or paroled. PIP’s main benefit is not the temporary protection or the temporary employment authorization, rather, it is that it makes a person with an immigrant visa petition from their US citizen spouse eligible to adjust status and become a resident without having to get a waiver or leave the country. Is Parole-in-Place Something New? Traditionally, PIP has been available to undocumented family members of U.S. military personnel. It exists through Section 212(d)(5) of the Immigration and Nationality Act which provides wide discretion to the Department of Homeland Security to parole someone into the US for humanitarian purposes. President Biden’s new policy expands its scope to include spouses of U.S. citizens. Does This Announcement Make Millions of Immigrants Eligible for Legal Immigration Status? No. It does not make anyone eligible for legal immigration status if they weren’t already eligible. You probably saw many headlines parroting the line from the White House’s Press Release stating “the Biden administration estimates the parole in place program will offer amnesty, and a path to legal permanent residency, to 500,000 spouses of U.S. citizens and 50,000 children under 21.” Those numbers seem greatly exaggerated but more importantly, the entire announcement is very misleading. The extension of parole-in-place for spouses of US citizens that have been in the US for ten years will not “create a path to legal status” for a single person. Every person who is eligible for this parole-in-place already had a path to permanent residency and eventual citizenship. This announcement will not benefit anyone who wasn’t already eligible for a green card. This might shorten the amount of time it takes for them to obtain residency, it will reduce the amount of paperwork they are required to file, and it will eliminate the need for them to depart the country and reenter legally. Since the three and ten year bars on reentry to the US due to unlawful presence were created in 1996 as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, there has been “waiver” available for the spouses of US citizens. The Obama administration expanded that waiver to include spouses and children of US citizens and permanent residents (green card holders). So anyone who qualifies for parole-in-place through Biden’s new program would have been eligible to obtain legal residency already. The majority of the people who are eligible in the US probably have a waiver pending or already approved and are waiting for a visa interview. It is incredible how the media churns out AI generated articles and copy-paste news alerts that all simply repeat the information in the press release without mentioning the above. Even the articles criticizing this move fail to address this and claim that this move protects a half a million immigrants from deportation. This announcement comes two weeks after he issued a sweeping executive action that allows US officials to quickly remove migrants entering the US illegally without processing their asylum requests. That resulted in a lawsuit filed by the American Civil Liberties Union (ACLU) that argues that the policy violates US immigration law. The White House’s claim that this election-year move will protect more than 500,000 people from deportation doesn’t ring true. It saves them from the inconvenience of having to obtain a waiver and attend a consulate interview in their home country. The additional claim that this will benefit “roughly 50,000 noncitizen children of immigrants under the age of 21 whose parent are married to a US citizen” seems to be referencing the minor children who would be considered paroled upon the parole-in-place of their parent, which would allow them to adjust status based on the step-child petition they would likely have from the US citizen spouse of their parent. People are divided along party lines in their support of this executive order and I see people on both sides incorrectly stating that this is some sort of unprecedented move to extend residency to a tremendous number of immigrants that are in the US without status. It’s basically just political theater. People are debating the merits of an announcement that doesn’t actually expand eligibility to legal immigration status. The media should make an attempt to explain this to people rather than reprinting hundreds of identical articles and blog posts spreading misinformation. Who is Eligible for Parole In Place? In order to qualify for parole in place, the spouse of the U.S. Citizen must: Link to the Official Department of Homeland Security Fact Sheet for this topic.

Biden Announces Executive Action Barring Asylum for Migrants Crossing the Southern Border

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President Biden has announced new executive actions to address the situation at the southern border. These actions aim to deter unlawful border crossings and manage the high volume of encounters. The key points are: Barring Asylum for Unlawful Crossings: Migrants who cross the southern border unlawfully will be ineligible for asylum, with exceptions for those who use lawful pathways or seek protection in a country they traveled through. Expedited Removal: The administration will streamline processes to remove individuals without a legal basis to remain in the U.S. more quickly. Increased Resources: Additional personnel and resources will be allocated to support border management efforts. These measures will be implemented when the number of encounters exceeds the government’s capacity to process them promptly, as is currently the case. Presumably this means that the rule will take effect immediately. The President emphasized the importance of securing the border while upholding America’s commitment to providing protection for those fleeing persecution. He also expressed disappointment over the failure of Congress to pass comprehensive immigration reform, which would have addressed these issues more effectively. See the White House’s Fact Sheet. There are two measures being taken to further the goal of stemming the influx of migrants at the southern border. Presidential Proclamation: This temporarily suspends the entry of noncitizens across the southern border. Joint DHS-DOJ Interim Final Rule: This restricts asylum eligibility for those who enter the U.S. irregularly across the southern border, including both the southwest land and southern coastal borders. According to the announcement, these actions aim to: Deter irregular migration: By increasing the consequences for unauthorized entry and restricting asylum eligibility, the administration hopes to discourage individuals from attempting to cross the border illegally. Manage the border: The measures are designed to help manage the high number of encounters at the southern border and ensure a more orderly process. Protect national security: The administration emphasizes the importance of border security for protecting the nation. The administration continues to call on Congress to provide additional resources and support for border security efforts. You can find more information about these measures in the official fact sheet. SEE VIDEO OF ANNOUNCEMENT