Nalbandian Law

On August 26, 2024, a federal judge in Texas issued an administrative stay of the Keeping Families Together Parole-in-Place Program for a period of at least 14 days. During this time, applicants may still submit Keeping Families Together parole applications to USCIS, but USCIS may not grant parole in place until the stay is removed or the lawsuit's outcome decided by the federal court. An expedited hearing is expected on preliminary relief and summary judgment, and if necessary a consolidated bench trial, on a date as soon as possible after completion of that briefing. As soon as there are further updates, we will post them here.

Further guidelines from USCIS re new PIP:

"Who May File Form I-131F

A noncitizen spouse or stepchild of a U.S. citizen may
request parole in place under this process if they:

• Are present in the United States without
admission or parole;
• Have been continuously physically present in
the United States:
• Since June 17, 2014, if seeking parole in place
as the spouse of a U.S. citizen; or
• Since June 17, 2024, if seeking parole in place
as the stepchild of a U.S. citizen;
• Have:
• A legally valid marriage to a U.S. citizen as of
June 17, 2024, if seeking parole in place as
the spouse of a U.S. citizen; or
• A noncitizen parent who had a legally valid
marriage to a U.S. citizen on or before June 17, 2024, and before the stepchild’s 18th
birthday, if seeking parole in place as the
stepchild of a U.S. citizen;
• Do not have any disqualifying criminal history;
and
• Do not pose a threat to national security and
public safety.

Even if you meet the criteria to seek a discretionary
grant of parole, USCIS may deny your request if we
determine that a grant of parole is not warranted in
your case.
If you are in removal proceedings or have an order of
removal, you may still qualify for parole."

BREAKING NEWS: UPDATE REGARDING BIDEN EXECUTIVE ORDER/PAROLE-IN-PLACE PROGRAM STARTING AUGUST 19, 2024 (ELIGIBILITY, DOCUMENTS NEEDED, WHEN TO SCHEDULE CONSULTATION WITH OUR OFFICE REGARDING THIS MATTER):

USCIS is not currently accepting applications under this process. It will begin accepting applications on Aug. 19. More information about eligibility and the application process will be published in the near future, and we will keep you updated on this page.

(1) ELIGIBILITY:

To be considered for a discretionary grant of parole, on a case-by-case basis, under this process, you must:

Be present in the United States without admission or parole;

Have been continuously present in the United States for at least 10 years as of June 17, 2024;

Have a legally valid marriage to a U.S. citizen as of June 17, 2024;

Not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety; and

Otherwise merit a favorable exercise of discretion.

We may also consider certain noncitizen children of requestors under this process if, as of June 17, 2024, they were physically present in the United States without admission or parole, and have a qualifying stepchild relationship to a U.S. citizen.

(2) WHAT DOCUMENTS YOU CAN COLLECT FROM NOW TO BE READY TO FILE ON OR AFTER AUGUST 19th:

You can begin to prepare to file a parole application by gathering evidence of your eligibility, such as:

Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate;

Documentation of proof of identity, including expired documents may include:

Valid state or country driver’s license or identification;

Birth certificate with photo identification;

Valid passport; or

Any government issued document bearing the requestor’s name, date of birth, and photo.

Evidence of your spouse’s U.S. citizenship, such as a passport, birth certificate or Certificate of Naturalization;

Documentation to establish your continued presence in the United States for at least 10 years, as of June 17, 2024. While more information will be made available in the forthcoming Federal Register Notice and subsequent FAQs, examples of documentation could include copies of:

Rent receipts or utility bills;

School records (letters, report cards, etc.);

Hospital or medical records;

Attestations to your residence by religious entities, unions, or other organizations, identifying you by name;

Official records from a religious entity confirming participation in a religious ceremony;

Money order receipts for money sent into or out of the United States;

Birth certificates of children born in the United States

Dated bank transactions;

Automobile license receipts, title, or registration;

Deeds, mortgages, or rental agreement contracts;

Insurance policies; or

Tax returns or tax receipts.

For noncitizen children of requestors, evidence of eligibility could include:

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.

(3) AFTER GATHERING YOUR DOCUMENTS, PLEASE WAIT FOR FURTHER NOTICE ON THIS PAGE AS TO WHEN YOU CAN SCHEDULE AN APPOINTMENT WITH US TO COME IN FOR A CONSULTATION AND START THE PROCESS.

Biden Executive Order:

I'm sure most of you have heard by now of President Biden's Executive Order. However, there are no forms or regulations still in place. Follow us here and we will update you in the upcoming weeks and months as more information and application procedures are released by USCIS officials to implement this executive order. We will also update you if any litigation ensues thus affecting the implementation of the order. For now, here are the general criteria of who would qualify (see USCIS link below):

Process to Promote the Unity and Stability of Families | USCIS On June 18, 2024, the Department of Homeland Security (DHS) announced a key step toward fulfilling President Biden’s commitment to promoting family unity in the immigration system. DHS will estab

Nalbandian Law is pleased to announce that lead immigration attorney, Sassoun A. Nalbandian, has been selected to the 2024 Southern California Super Lawyers list, an honor reserved for only the top 5% of attorneys in Southern California who have exhibited excellence in their areas of practice.

MANDAMUS LAWSUITS TO SPEED UP YOUR IMMIGRATION CASES:

Has your asylum case been delayed for many years without an interview being scheduled? Has your adjustment of status or naturalization application been delayed unfairly for months beyond normal processing times?

Our office has been filing Mandamus complaints in US District Court for 23 years now.

We have recently filed many mandamus lawsuits to speed up asylum interview scheduling, and typically, within 2-3 months, we receive an interview date, though the date itself can be further down the line, but at least our clients have the assurance of an interview date being scheduled instead of waiting years longer for an asylum interview. A majority of these lawsuits have ended up with asylum approvals, depending on the client successfully establishing eligibility for a grant of asylum.

If you are interested in speeding up the scheduling of an interview or a decision in your immigration case, you may reply to this post, contact lead attorney Sassoun Nalbandian at [email protected], or call us to schedule a consultation at (818) 244-0310.

Breaking News:

The US Supreme Court this week, in an 8-1 decision, upheld the Biden Administration's prosecutorial discretion policies, which include dismissing most cases where individuals entered legally at the border or other point of entry (not without inspection) prior to November 2020. By often unilaterally moving to dismiss these cases, even over objections of asylum applicants in court, the government is permitting them to file for asylum with their local asylum office. If approved, they obtain asylee status. Alternatively, if referred to court again after the interview, they get another chance to be heard in front of an immigration judge.

You may reply to this post or contact us at (818) 244-0310 for additional details regarding this decision.

The U.S. government has decided to allow Ukrainian citizens/nationals who are presently in the United States to obtain Temporary Protected Status (TPS). Individuals must have continuously resided in the US since March 1 to be eligible, and the TPS designation will be in place for 18 months. Individuals who are granted TPS may receive employment authorization during the period authorized under the TPS grant.

Secretary Mayorkas Designates Ukraine for Temporary Protected Status for 18 Months The Department of Homeland Security (DHS) announced the designation of Ukraine for Temporary Protected Status (TPS) for 18 months.

BREAKING NEWS: THE COVID VACCINE WILL BE REQUIRED FOR ALL GREEN CARD/IMMIGRANT VISA APPLICANTS 12 YEARS OLD AND OLDER STARTING OCTOBER 1, 2021:

Effective October 1, 2021, the Centers for Disease Control (CDC) will require COVID-19 vaccines for I-693 immigration medical exams. All immigration applicants who receive their medical examination from a Civil Surgeon or Panel Physician on or after October 1, 2021, will be subject to this requirement. This includes everyone (over the age of 12 years old) who is applying for permanent residence (a green card) in the U.S. and everyone seeking an immigrant visa from a consulate anywhere in the world.

Applicant may request a waiver based on religious or moral convictions, but those are very difficult to obtain typically and are filed with USCIS directly and may be time consuming, and USCIS will be the one deciding whether to approve such a waiver or not, not the panel physician. There are other very limited exceptions, but more likely than not, if you or a loved one is seeking permanent residence in the U.S., the individual will be required to complete the Covid vaccination process.

A negative Covid test will not be sufficient and the medical exam packets submitted with green card or visa applications must show that the Covid vaccine was taken.

Nalbandian Law is pleased to announce that Lead Attorney Sassoun A. Nalbandian has been selected to the 2022 Southern California Super Lawyers list. Only 5% of attorneys in Southern California receive this distinction. Mr. Nalbandian has been selected to the Super Lawyers list every year since 2018, and has been practicing exclusively in the field of immigration law since he founded his law firm in 2002.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations.

We would also like to thank our clients and our staff for making this honor possible.

VERY GOOD NEWS FOR I-130 BENEFICIARIES IN REMOVAL PROCEEDINGS (IMMIGRATION COURT) WHOSE I-130'S ARE STILL PENDING/NOT YET APPROVED:

Under newly released policy guidelines, I-130 beneficiaries of who are in removal proceedings (case is in immigration court) and whose I-130's are pending but not yet approved can now ask the Office of Chief Counsel (DHS attorneys) if they will agree to terminate/dismiss their case in order to seek adjustment of status with USCIS WITHOUT WAITING FOR THEIR I-130 APPROVAL, which used to be the case prior to this police change.

VERY GOOD NEWS FOR U-VISA APPLICANTS - YOU CAN NOW OBTAIN WORK AUTHORIZATION AND DEFERRED ACTION WHILE THE U-VISA APPLICATION IS STILL PENDING!

U.S. Citizenship and Immigration Services is implementing a new process, referred to as Bona Fide Determination, through which USCIS will issue employment authorization and grant deferred action to petitioners in the United States with pending U visa petitions that it determines are bona fide.

USCIS will deem a petition bona fide if:
• The principal petitioner properly filed Form I-918, including Form I-918B U Nonimmigrant Status Certification;
• The principal petitioner properly filed a personal statement from the petitioner describing the facts of the victimization; and
• The result of the principal petitioner’s biometrics has been received.

USCIS will issue employment authorization and deferred action if, after conducting and reviewing background checks, the agency determines, in its discretion, that petitioners merit a favorable exercise of discretion and do not pose a risk to national security or public safety.

This guidance is effective immediately and applies to all Form I-918 and Form I-918A petitions that are currently pending or filed on or after June 14, 2021.

If you have any questions about whether a U-Visa is an option for you or your loved ones or about a pending U-Visa application, please email us at [email protected] or call (818) 244-0310 (email preferred) to set up a consultation.

BREAKING NEWS:

THERE ARE TWO VERY IMPORTANT COURT DECISIONS/NEWS ITEMS THAT POTENTIALLY AFFECT MILLIONS OF APPLICANTS EITHER APPLYING FOR RELIEF OR WHO ARE IN REMOVAL PROCEEDINGS AND SEEKING TO REOPEN THEIR CASES:

(1) COURT ORDER: I-944 FORM/RULE CHANGES NO LONGER IN EFFECT: First, the U.S. Supreme Court refused to grant certiorari, and DHS consequently dismissed any challenges to a court order enjoining the Public Charge Rule Changes enacted last year. Therefore, anyone filing for adjustment of status on or after March 9, 2021, should NOT provide Form I-944 or any other documents required therein, nor any information regarding receipt of public charge benefits on any nonimmigrant change of status or extension of status forms.

(2) COURT ORDER: MOTION TO REOPEN RULE CHANGES STOPPED/ENJOINED PENDING RESOLUTION OF LITIGATION: Second, a U.S. District Court in Northern California has issued a nationwide injunction enjoining a final rule that was enacted late last year prohibiting certain types of motions, including sua sponte motions to reopen and motions to remand, prohibiting administrative closure, as well as, implementing many other restrictions and stricter timelines for appeals. Under this order, this rule change cannot be implemented, pending outcome of the underlying lawsuit. Therefore, make sure to file sua sponte motions to reopen and any motions to remand or reopen that you may be considering filing ASAP now that this rule is no longer in effect at the present time.

BREAKING NEWS:

The Presidential proclamations from last year that had suspended immigrant and non-immigrant visa processing/issuance at U.S. consulates/embassies worldwide, as well as Diversity Visas (DV) have been revoked as of today by President Biden. Therefore, Immigrant and Non-Immigrant Visa Processing, as well as, DV Lottery Case Processing can all resume effective immediately. The details on how and when the posts will resume their reviews and interviews of pending cases and any additional details on the resumption of services will be issued in the coming days. We will update you on this breaking news as we receive additional updates.
https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/24/a-proclamation-on-revoking-proclamation-10014/

A Proclamation on Revoking Proclamation 10014 | The White House The suspension of entry imposed in Proclamation 10014 of April 22, 2020 (Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak), as extended by section 1 of Proclamation 10052 of June 22, 2020...

IMPORTANT NOTES REGARDING PROPOSED IMMIGRATION LAWS/POLICY CHANGES BY PRESIDENT BIDEN AND HIS ADMINISTRATION:

As many of you may have heard and we are getting many calls on this issue lately, President Biden is proposing many dramatic changes to the U.S. immigration laws. However, nothing has yet been enacted by Congress, and aside from a few limited executive orders, there are no new laws yet enacted under the new administration. If anything changes or there is concrete information that is relevant, we will always post on it here ASAP.

Be careful to double check your information if anyone mentions new laws and tries to charge money for such "new laws" being enacted as there are many such scams already starting following the President's outline of his policy goals on immigration. To actually get a law enacted is a process that may take weeks or months or even longer.

Let your friends and loved ones know to follow us here at Nalbandian Law in case there are changes in the immigration laws enacted by Congress within the next few months or throughout the year as proposed by President Biden.