Keeping Families Together Blocked by Federal Court

 

The "Keeping Families Together" (KFT) initiative, introduced by the Biden administration in August 2024, aimed to provide a pathway to legal status for certain undocumented spouses and stepchildren of U.S. citizens through a process known as "parole-in-place." This process would have allowed eligible individuals to remain in the United States while applying for legal status, thereby avoiding the need to leave the country for consular processing.

However, on November 7, 2024, a federal district court judge of the Eastern District of Texas ruled against the KFT initiative, declaring it unlawful. The court found that the program exceeded the executive branch's authority by effectively creating a new immigration pathway without congressional approval. This decision has halted the implementation of the KFT initiative, leaving many mixed-status families in uncertainty. 

Implications for Applicants:

The impact to applicants for parole-in-place status varies, depending on the status of the application. 

Approved Applications:  For those individuals who applied early and had their cases approved already, they should not be affected by this decision for now. Most of these applicants had already submitted waiver applications before, and their background checks had been already completed. 

Pending Applications: Individuals who have already submitted applications under the KFT initiative should anticipate delays or potential denials, as the program's legal foundation has been invalidated.  It is unclear how the government will handle these cases.  It's likely that these cases will be placed on hold for the time being. 

Future Applications: The USCIS is expected to cease accepting new applications related to the KFT initiative in compliance with the court's ruling. Applicants should stop submitting the I-131F application to USCIS. 

The Future of KFT:

The current administration may attempt to appeal this federal court decision to a higher court, although the chances for a successful appeal are uncertain.  As of now, the current administration has not indicated that it will appeal the district court decision.  As such, the future of the KFT initiative remains uncertain, especially with the recent political shifts following the 2024 elections. The incoming administration may introduce new immigration policies that could impact mixed-status families.  In general, the new administration is expected to push out conservative immigration initiatives, especially against those who are undocumented.  Hence, the prospects for any executive relief programs are bleak.

Recommended Actions:

As always, affected individuals should seek advice from immigration attorneys to explore alternative legal avenues, for adjusting their status or to understand the implications of the court's decision on their specific circumstances.  One possible application to pursue are provisional waivers which, if approved, would allow undocumented immigrants to apply for immigrant visas from overseas to return to the U.S. as legal residents.  However, they must prove that their close citizen or resident family members will suffer extremely hardship is the waiver is not approved.

In general, early planning and timely actions are critical for a successful immigration journey.  Foreign nationals should also stay informed and monitor official communications from USCIS and other relevant government agencies for updates on policy changes or new programs that may offer relief or affect their ability to stay in the United States. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

December 2024 Visa Bulletin: India EB-2 & EB-3 Advance

In December, India EB-2 advances by 17 days, and EB-3 advances by 7 days. Other Employment visa categories remain steady.  Family-based categories remain unchanged from October to November.

USCIS will honor Dates for Filing Applications for both Family-based and Employment-based I-485 applications.

AD: Dates for Final Action (Green Card Approval)  

FD: Dates for Filing Applications Only

Family-based		Other Countries	China	India	Mexico	Philippines
F1	AD	10/22/2015	10/22/2015	10/22/2015	11/22/2004	03/01/2012
	FD	09/01/2017	09/01/2017	09/01/2017	10/01/2005	04/22/2015
F2A	AD	01/01/2022	01/01/2022	01/01/2022	04/15/2021	01/01/2022
	FD	07/15/2024	07/15/2024	07/15/2024	07/15/2024	07/15/2024
F2B	AD	05/01/2016	05/01/2016	05/01/2016	07/01/2005	10/22/2011
	FD	01/01/2017	01/01/2017	01/01/2017	07/01/2006	10/01/2013
F3	AD	04/15/2010	04/15/2010	04/15/2010	10/22/2000	09/08/2002
	FD	04/22/2012	04/22/2012	04/22/2012	06/15/2001	05/08/2004
F4	AD	08/01/2007	08/01/2007	03/08/2006	03/01/2001	02/01/2004
	FD	03/01/2008	03/01/2008	08/01/2006	04/30/2001	07/22/2007

1st: Unmarried Sons and Daughters of Citizens (about 23,400 per year).
2A: The 2 “A” preference is for Spouses and Children (under 21 & unmarried) of LPR's.
2B: The 2 “B” Preference is for Unmarried Sons and Daughters (21 or older) of LPR's.
3rd: Married Sons and Daughters of Citizens (about 23,400 per year)
4th: Brothers and Sisters of Adult Citizens. (about 65,000 per year)

Employment-based		Other Countries	China	India	Mexico	Philippines
EB-1	AD	C	11/08/2022	02/01/2022	C	C
	FD	C	01/01/2023	04/15/2022	C	C
EB-2	AD	03/15/2023	03/22/2020	07/15/2012	03/15/2023	03/15/2023
	FD	08/01/2023	10/01/2020	01/01/2013	08/01/2023	08/01/2023
EB-3	AD	11/15/2022	04/01/2020	11/01/2012	11/15/2022	11/15/2022
	FD	03/01/2023	11/15/2020	06/08/2013	03/01/2023	03/01/2023
Other Workers	AD	12/01/2020	01/01/2017	11/01/2012	12/01/2020	12/01/2020
	FD	05/22/2021	01/01/2018	06/08/2013	05/22/2021	05/22/2021
EB-4*	AD	01/01/2021	01/01/2021	01/01/2021	01/01/2021	01/01/2021
	FD	02/01/2021	02/01/2021	02/01/2021	02/01/2021	02/01/2021
EB-5	AD	C	07/15/2016*	01/01/2022*	C	C
	FD	C	10/01/2016	04/01/2022	C	C

1st: Priority Workers (Extraordinary ability aliens, multinational companies' executives/managers, outstanding prof./researchers)
2nd: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability.
3rd: Skilled Workers, Professionals, and Other Workers (Unskilled.)
4th: “Special Immigrants” (Religious & others)

*Visa numbers for Certain Religious Workers will be "Unavailable" in October.

5th: Employment Creation (Investors)

*China and India EB-5 visa numbers for rural, high unemployment & infrastructure areas/projects are current.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

USCIS Clarifies Admission Requirement for Naturalization

 

U.S. Citizenship and Immigration Services (USCIS) has issued updated policy guidance clarifying the admission requirements for naturalization applicants. This guidance, effective immediately and applicable to both pending and newly filed cases, addresses an important aspect of naturalization law: the lawful admission of applicants as lawful permanent residents (LPRs).

Only Initial Admission Must be Lawful

The updated USCIS Policy Manual specifies that a naturalization applicant must demonstrate they were lawfully admitted for permanent residence only at the time of their initial admission as an LPR or adjustment of status to LPR. Subsequent entries into the United States, regardless of circumstances or legality, do not impact the determination of lawful admission for naturalization purposes.

This clarification aligns with the ruling by the U.S. Court of Appeals for the Fourth Circuit in Azumah v. USCIS, 107 F.4th 272 (4th Cir. 2024). The decision emphasizes that the focus should be on the lawful admission or adjustment at the time the applicant obtained LPR status, not on later reentries. 

After his lawful admission as a permanent resident, Azumah was deemed inadmissible due to a subsequent embezzlement conviction. Upon his return to the U.S. in 2014, the government paroled him into the country and initiated removal proceedings against him.  After dismissal of proceedings, Azumah applied for naturalization, which was denied by USCIS because he was not “lawfully admitted for permanent residence” when he returned to the United States in 2014.  Upon appeal, the 4th Circuit Court disagreed.

The Fourth Circuit’s Rationale

 The Fourth Circuit highlighted that the statutory language under the Immigration and Nationality Act (INA) specifies that naturalization applicants must prove they were lawfully admitted to the U.S. as permanent residents. The term refers to the applicant's initial lawful entry or adjustment of status to LPR. 

The Fourth Circuit rejected arguments that unlawful subsequent entries could retroactively affect the validity of the initial lawful admission or adjustment. This ensures that individuals who met all legal requirements at the time of becoming LPRs are not penalized for later circumstances that do not invalidate their original status.

The Fourth Circuit also noted the practical need for consistent and predictable standards. By focusing on the initial lawful admission or adjustment, USCIS can streamline adjudication and avoid penalizing applicants for unrelated or subsequent immigration complexities.

Why This Matters

For applicants applying for naturalization, this clarification removes uncertainty about how subsequent entries might affect their eligibility. Applicants who entered or adjusted to LPR status lawfully retain their eligibility for naturalization, even if they later faced challenges with subsequent entries.  USCIS has revised its Policy Manual to incorporate this new policy.  

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Canada's Immigration System Changes and Targets for 2025-2027

 

On October 24, 2024, the Government of Canada unveiled its 2025-2027 Immigration Levels Plan, signaling a significant shift in how the country manages population growth through immigration. The announcement, delivered by Marc Miller, the Minister of Immigration, Refugees, and Citizenship, emphasizes a balanced approach designed to achieve short-term stability while positioning the country for sustainable, long-term growth.

Key Changes in the 2025-2027 Immigration Plan

1. Reduction in Permanent Resident Targets:

   • The plan includes a considerable reduction in permanent resident targets over the next three years:
     • 2025: A reduction from 500,000 to 395,000 permanent residents.
     • 2026: A further reduction to 380,000.
     • 2027: A target of 365,000 permanent residents.
   • This marks a shift from previous ambitious goals, aiming to pause rapid population growth temporarily to allow for better integration and resource allocation.

2. Focus on Temporary Residents:

   • For the first time, the levels plan introduces controlled targets for temporary residents, particularly international students and temporary foreign workers.
   • The plan seeks to reduce the temporary resident population to 5% of Canada’s overall population by the end of 2026, with specific reductions as follows:
     • 2025: A decrease of 445,901 temporary residents.
     • 2026: A decrease of 445,662 temporary residents.
     • 2027: A modest increase of 17,439 temporary residents, marking a return to growth after initial reductions.
   • Measures include a cap on international students and stricter eligibility requirements for temporary foreign workers to ensure the quality and integrity of temporary resident programs.

3. Transitioning Temporary Residents to Permanent Status:

   • A core focus of the plan is to transition more temporary residents—those already studying or working in Canada—to permanent resident status.
   • These individuals, who are already integrated into Canadian society with established housing and employment, are expected to make up more than 40% of overall permanent resident admissions in 2025.
   • By focusing on those already in Canada, the plan aims to bolster the workforce and support economic growth without placing additional strain on housing and social services.

4. Economic Class Admissions and Key Sectors:

   • The plan prioritizes long-term economic growth by increasing the share of permanent resident admissions in the economic class, targeting 61.7% of total admissions by 2027.
   • Key labor market sectors, such as healthcare and trades, will see targeted recruitment to address shortages and support Canada’s economic resilience.

5. Supporting Francophone Communities:

   • Another significant goal is to strengthen Francophone communities outside Quebec, contributing to their economic prosperity.
   • The plan includes targets for Francophone immigration as part of the overall permanent resident admissions:
     • 8.5% in 2025
     • 9.5% in 2026
     • 10% in 2027

Rationale for the Adjustments

The adjustments to Canada’s immigration plan reflect the government’s response to current challenges, such as housing shortages, infrastructure constraints, and pressures on social services. By moderating the pace of population growth through immigration, the plan aims to create a sustainable environment for newcomers and Canadians alike. This balanced approach allows provinces and stakeholders to better align their capacities with the needs of a growing population.

The 2025-2027 Immigration Levels Plan marks a shift toward a more controlled, strategic immigration system, ensuring that Canada can continue to welcome newcomers while addressing immediate economic and social needs.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

U.S. Ends Temporary Legal Status for Hundreds of Thousands of Migrants

In a recent policy shift, the Biden Administration announced in early October that it will not renew the legal status for hundreds of thousands of migrants from four countries, significantly impacting those who have been residing in the United States under temporary protections for years. This change is set to affect people from Cuba, Haiti, Nicaragua, and Venezuela, whose legal status had been tied to Temporary Protected Status (TPS) or similar programs aimed at offering refuge from natural disasters and political instability in their home countries.

Details of the Decision

The Biden administration has decided not to extend the 2-year parole program that have allowed these migrants to remain in the country legally for an extended period. This marks a departure from earlier stances where the administration had focused on providing temporary stay extensions, citing humanitarian concerns and the unstable conditions in the countries of origin. Now, as legal protections expire, many face the looming prospect of losing their right to work and live in the U.S.​ If they do not depart, they could also face deportation.

Alternatives

Affected migrants should consider other viable options if they qualify.  For example, Haitians and Venezuelans may qualify for Temporary Protected Status (TPS), while Cuban migrants can apply for permanent resident status under the Cuban Adjustment Act. Political asylum is also an option for those who have a well-founded fear of persecution if they return to their home country.  Migrants may also consider applying for a green card based on sponsorship by a family member or a U.S. employer.

Impact on Migrant Communities

For those affected, this decision creates uncertainty and fear. Some have lived in the U.S. for decades, building families and careers. Many are parents to U.S.-born children, and the termination of their legal status could lead to the separation of families and force others into a difficult decision between staying without documentation or returning to countries still grappling with political and economic challenges.

The policy shift right before the elections also highlights the broader debate within the U.S. regarding the balance between border security, humanitarian needs, and economic considerations.

Legal Challenges and Next Steps

In response, several advocacy groups have pledged to challenge the administration’s decision in court, seeking to extend protections and prevent the deportation of those affected. These groups argue that the decision undermines the U.S.’s role in providing humanitarian relief and that many of those under TPS status have become integral parts of their communities in the U.S.

The Biden administration’s decision has also drawn criticism from both immigration advocates and political opponents, revealing the complex dynamics at play in the nation's immigration policies. As the situation develops, the affected foreign nationals should evaluate their individual situation and plan for the worse case scenario.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

November 2024 Visa Bulletin: Worldwide F2A Advances

In November, Employment visa categories hold steady.  Family 2A Worldwide advances. 

USCIS will honor Dates for Filing Applications for Employment-based I-485 applications.

AD: Dates for Final Action (Green Card Approval)  

FD: Dates for Filing Applications Only

Family-based		Other Countries	China	India	Mexico	Philippines
F1	AD	10/22/2015	10/22/2015	10/22/2015	11/22/2004	03/01/2012
	FD	09/01/2017	09/01/2017	09/01/2017	10/01/2005	04/22/2015
F2A	AD	01/01/2022	01/01/2022	01/01/2022	04/15/2021	01/01/2022
	FD	07/15/2024	07/15/2024	07/15/2024	07/15/2024	07/15/2024
F2B	AD	05/01/2016	05/01/2016	05/01/2016	07/01/2005	10/22/2011
	FD	01/01/2017	01/01/2017	01/01/2017	07/01/2006	10/01/2013
F3	AD	04/15/2010	04/15/2010	04/15/2010	10/22/2000	09/08/2002
	FD	04/22/2012	04/22/2012	04/22/2012	06/15/2001	05/08/2004
F4	AD	08/01/2007	08/01/2007	03/08/2006	03/01/2001	02/01/2004
	FD	03/01/2008	03/01/2008	08/01/2006	04/30/2001	07/22/2007

1st: Unmarried Sons and Daughters of Citizens (about 23,400 per year).
2A: The 2 “A” preference is for Spouses and Children (under 21 & unmarried) of LPR's.
2B: The 2 “B” Preference is for Unmarried Sons and Daughters (21 or older) of LPR's.
3rd: Married Sons and Daughters of Citizens (about 23,400 per year)
4th: Brothers and Sisters of Adult Citizens. (about 65,000 per year)

Employment-based		Other Countries	China	India	Mexico	Philippines
EB-1	AD	C	11/08/2022	02/01/2022	C	C
	FD	C	01/01/2023	04/15/2022	C	C
EB-2	AD	03/15/2023	03/22/2020	07/15/2012	03/15/2023	03/15/2023
	FD	08/01/2023	10/01/2020	01/01/2013	08/01/2023	08/01/2023
EB-3	AD	11/15/2022	04/01/2020	11/01/2012	11/15/2022	11/15/2022
	FD	03/01/2023	11/15/2020	06/08/2013	03/01/2023	03/01/2023
Other Workers	AD	12/01/2020	01/01/2017	11/01/2012	12/01/2020	12/01/2020
	FD	05/22/2021	01/01/2018	06/08/2013	05/22/2021	05/22/2021
EB-4*	AD	01/01/2021	01/01/2021	01/01/2021	01/01/2021	01/01/2021
	FD	02/01/2021	02/01/2021	02/01/2021	02/01/2021	02/01/2021
EB-5	AD	C	07/15/2016*	01/01/2022*	C	C
	FD	C	10/01/2016	04/01/2022	C	C

1st: Priority Workers (Extraordinary ability aliens, multinational companies' executives/managers, outstanding prof./researchers)
2nd: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability.
3rd: Skilled Workers, Professionals, and Other Workers (Unskilled.)
4th: “Special Immigrants” (Religious & others)

*Visa numbers for Certain Religious Workers will be "Unavailable" in October.

5th: Employment Creation (Investors)

*China and India EB-5 visa numbers for rural, high unemployment & infrastructure areas/projects are current.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)