News for immigrants in deportation proceedings

• Benefits for Immigrants Facing Deportation
• Online Application for Parole
• Each Case Evaluated by USCIS

Immigrants undergoing deportation proceedings in the United States could have a new opportunity to avoid family separation.

This is thanks to the Keeping Families Together program, implemented by the Department of Homeland Security (DHS).

The initiative allows certain non-citizen spouses and stepchildren of U.S. citizens to apply for parole in place while facing their deportation proceedings.

This facilitates their temporary stay in the country without the need to leave to carry out their residency procedures.

PAROLE IN PLACE

Parole in place is a resource that allows immigrants not admitted into the country to regularize their temporary stay in cases of humanitarian or public benefit.

This is under section 212(d)(5)(A) of the Immigration and Nationality Act (INA).

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This measure also applies to those in deportation proceedings under Section 240 of the INA, even if their cases are under appeal.

However, USCIS reviews each application and considers factors such as public safety, national security, and border security before granting parole.

To apply for the program, immigrants must submit Form I-131F online, as paper applications will be rejected.

USCIS has developed a guide to help applicants comply with the necessary steps to correctly submit their application.

If parole is granted, beneficiaries may also apply for work authorization during the period of parole.

Immigrants in deportation proceedings who obtain parole must still carry out certain procedures before the immigration court.

To adjust their status to permanent resident, they must request that a judge close or dismiss their deportation case.

Since, in most cases, USCIS cannot decide on the status adjustment application while the deportation process is active.

Those who wish for this adjustment must contact the local office of ICE’s Office of the Principal Legal Advisor (OPLA), which might assist in managing the case closure.

There are limitations and factors that immigrants facing deportation have to consider.

NOT EVERYONE QUALIFIES

The Parole in Place program is not accessible to everyone.

Immigrants who have been previously deported and reentered without admission or parole are excluded from this measure.

Also, those with a final deportation order who have not left the country are subject to a presumption of ineligibility for the program.

Nevertheless, USCIS evaluates each case individually, considering personal factors such as health issues, lack of legal assistance.

It also analyzes difficult personal situations, which could help certain applicants overcome this presumption.

This program, by granting parole in place, represents hope for immigrants in deportation proceedings seeking to prevent family separation.

As well as to continue their cases without leaving the country.

For those who meet the requirements, this can be a crucial resource in their fight for family stability at a critical time.

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