Katy Chavez Attorney At Law

Quality representation at a reasonable price. I handle criminal and traffic matters in Wake County NC and immigration matters from around the world.

Fam PIP What happens if the court stops the program? 08/23/2024

https://youtu.be/dCyYTOJnSk8?si=6uwzihQ_IraOEkP_

Please let me know any questions about the new Parole in Place Program.

Fam PIP What happens if the court stops the program?

06/18/2024

The White House has announced the expansion of PAROLE IN PLACE for spouses of all US Citizens that have been in the US for more than ten years.

The are NOT ACCEPTING APPLICATIONS YET. They're goal is to begin at the end of summer. DACA was originally announced in June 2012 and started accepting applications in August 2012. I hope that we see a similar timeline.

The details are going to be announced later today in the official press conference.

Here is basic information:

Parole in Place for Spouses of US Citizens

What does it mean: Parole in Place is a process for people without a legal entry to apply for “parole” (a legal entry) without actually leaving the US. For many people a legal entry is the only obstacle to applying for permanent residency, especially if they are married to a US Citizen.

Who qualifies?:
You must satisfy the following requirements:
-You have been continuously present for ten years (since June 2014)
-You are married to a US Citizen
-You have a good criminal record

Do you qualify even if you have multiple entries (9c barred)? Yes, but the parole will not lead to residency but at least you can get a work permit.

How long will it take? It will probably take at least six months to get the parole approved, and then you still must apply for residency or a work permit which can take another 6 to 12 months.

Can it be stopped? Yes, this program, like DACA, might be stopped by the courts while they argue about it. There are arguments that it probably will be allowed but still the court may delay the program.

What do we need:
-Marriage certificate
-Birth certificates of both spouses
-work and address history for 10 years
-proof of presence in the US since 2014
-proof of the bona fide relationship between the spouses
-affidavit of entries into the United States
-2 passport style photos

What is the filing fee? There will be no filing fee for the parole, but there will be fees for the work permit or residency applications later.

If I already filed for a Provisional Waiver, should I still do this? Yes. This will be much faster and easier then waiting for the Provisional Waiver. Even if your waiver is approved it is still faster than waiting for your appointment.

If you have more questions please email me at [email protected]
Katy Chavez, Attorney at Law, Garner NC

Send a message to learn more

Practicing as a Criminal Defense & Immigration Lawyer & Remote Law Practice 07/06/2023

I'm going to be a guest on my colleague's Youtube channel. Please join tomorrow at 4pm Eastern time:

Practicing as a Criminal Defense & Immigration Lawyer & Remote Law Practice Strait Chave...

Process for Venezuelans 10/23/2022

If you have loved ones stuck in VENEZUELA you only have a few days to apply before all available slots are gone. The first 4 beneficiaries have already arrived in the United States!

Process for Venezuelans ALERT: Access to this process for Venezuelans is free. Neither the supporter nor t

01/20/2022

Due to predicted SNOW the law office will be closed to customers on Friday January 21st. You may leave items in the drop box, and if you need to pick something up we can leave it in the mailbox today for pick up tomorrow. We will be wroking remote and answering calls, messages, and emails.

Thank you.

Senate parliamentarian rejects Democrats' third attempt to include immigration in economic bill 12/17/2021

Unfortunately last night the final word came down that the immigration proposal is DEAD. There is no real chance for any large immigration changes now for the next few years. We cannot pass a bill without the Republicans. Nothing major would get passed anyway next year in preparation for the mid-term elections in November 2022. After the elections we will lose the majority in the House and Senate until 2024.

Where do we go from here? We probably will get legilation for Dreamers with the help of Republicans. Other than that we need to work as hard and fast as we can to work with what we have, such as filing for Advance Parole and Provisional Waivers for everyone that qualifies to do so. Also - encourage as many people as possible to naturalize so that we can vote together for representatives that agree that we need real reform

https://www.cnn.com/2021/12/16/politics/immigration-senate-democrats-parliamentarian-build-back-better/index.html

Senate parliamentarian rejects Democrats' third attempt to include immigration in economic bill The Senate parliamentarian on Thursday rejected Democrats' third attempt to include immigration in President Joe Biden's economic bill, delivering a major blow to Democrats who have repeatedly sought to include immigration provisions in the Build Back Better bill.

11/12/2021

Hello friends. I am going to be doing a live question and answer today about Advance Parole for DACA, and Adjustment of Status after Advance Parole. You need to be a member of the host group to join. I hope to see you there!

https://www.facebook.com/events/172458431766308/?ref=newsfeed

Democrats to Press Ahead on Immigration Plan, Senator Says (1) | Bloomberg Government 10/28/2021

I know everyone is anxiously awaiting the results of Congress doing something about immigration. Previously I stated that if it does not happen by the Thanksgiving recess that it will not happen. As of htis time yesterday it looked like Dms were ready to give up and remove the proposal. But as of a few minutes ago it appears it is moving forward. Let's all keep our eyes on this, and if you are a US Citizen PLEASE email your Congresspeople to tell them you support it!!

https://about.bgov.com/news/democrats-vow-to-press-ahead-on-immigration-plan-senator-says/

Democrats to Press Ahead on Immigration Plan, Senator Says (1) | Bloomberg Government Democrats plan to allocate $100 billion to immigration as part of their sweeping tax and social spending bill even if a Senate rules official rejects their latest effort to protect undocumented people, Sen. Tim Kaine (D-Va.) said.

Biden administration takes new steps to preserve DACA 09/27/2021

Biden administration takes new steps to preserve DACA The Biden administration Monday morning took steps to save the Obama-era DACA program that shields hundreds of thousands of undocumented immigrants brought to the US as children from deportation.

09/12/2021

FAQ about adjusting status (getting permanent residency) after Advance Parole for DACA.

I feel like now there are more people than ever before travelling with Advance Parole in order to apply for residency through their spouse. I see a lot of questions come up regularly. I thought it might be helpful for me to answer some of them.

Can AP allow me to apply for residency if I am married to a US Citizen? Maybe (or probably?). Many DACA kids originally entered the United States without inspection (with no visa), and they are now married to a US Citizen, and would be eligible for residency if they had a legal entry. If there are no other issues in the case, then Advance Parole will often make them eligible for Adjustment (applicantion for residency).

What if I entered with a visa (or border crosser card, or from Canada, or with ESTA)? If you already had a legal entry then Advanvce Parole probably won't change your circumstance.

What if I entered illegally two times, can Advance Parole still help me? Probably not. If you are subject to the 9C bar you can still use Advance Parole to travel, and you will be allowed into the United States, but it will not fix your 9c bar.

If I have a DWI will it keep me from adjusting status? Probably not. In fact, since your DACA is about to come to an end, it is probably important that you apply for Advance Parole and Adjustment of status as soon as possible, because you may not be able to renew your DACA, and then you can't do Advance Parole anymore, and your door of oppurtunity may close. You may then need to do a waiver.

If I got DACA when I was under 18 should I still do Advance Parole since I don't need a waiver? I would still recommend Advance Parole. There are many reasons why planning on getting your residency through a consulate is riskier and more stressful.

What do I need to apply for Advance Parole? DACA EAD, personal statement, doctors note about relative, and proof of relationship to patient. Filing fee is $575.

How long does Advance Parole take? As of today Sept 12) my approvals are from my February applications. Emergency AP requests can theoretically be issued the same day, but it is unlikely you can get an appointment for at least a few days.

What do I need to apply for Adjustment of Status after I do advance parole? Passport stamp, birth certificate for you and your spouse, marraige certificate, spouses 2020 tax return, W2 form, and recent paystub, medical exam, and photos.

What about tattoos? Tattoos are often a problem when doing medical exams for consular interviews, but much less likely to be a problem during US medical exams. Either way they are only an issue if they are clues that you were a member of a gang.

I hope that this information is helpful. Feel free to post questions.

08/14/2021

I wrote an article about the immigration reform part of the Budget Bill. I hope this helps clarify things: https://www.facebook.com/plugins/post.php?href=https%3A%2F%2Fwww.facebook.com%2Fkatychavezdreamers%2Fposts%2F2304696892998700&show_text=true&width=500

www.facebook.com

Federal judge blocks new DACA applications 07/17/2021

Federal judge blocks new DACA applications A federal judge in Texas on Friday ruled that Deferred Action for Childhood Arrivals, the Obama-era program shielding certain undocumented immigrants from deportation, is illegal and blocked new applicants.

Tropical Storm Elsa's impacts in North Carolina :: WRAL.com 07/08/2021

Due to the hurricane the office will be closed to clients today, but we will be answering calls and emails.

https://www.wral.com/tropical-storm-elsa-s-impacts-in-north-carolina/19761365/

Tropical Storm Elsa's impacts in North Carolina :: WRAL.com As Tropical Storm Elsa crosses North Carolina, here's what you can expect in the Triangle.

Common Scams 07/04/2021

BEWARE OF SCAMMERS: I have gotten a few calls from clients that were told that their relative was apprehended at the airport with money and they should send money by Moneygram. This is a scam. Also if they say that your relative has been kidnapped, or charged with a crime, etc. Even if you get Whatsapp messages with the logo for USCIS, it is a scam. Please spread the word!!

https://www.uscis.gov/scams-fraud-and-misconduct/avoid-scams/common-scams

Common Scams The wrong help can hurt. Use this information to avoid common immigration scams. TPS Re-registration Scams Do not pa

House passes immigration bill with path to citizenship for "Dreamers" 03/18/2021

https://www.cbsnews.com/news/immigration-daca-dreamers-farmworkers-citizenship-house-vote-democrat-bills/

House passes immigration bill with path to citizenship for "Dreamers" The House is also expected to pass another bill that would grant legal status to hundreds of thousands of farmworkers.

01/15/2021

USCIS is CANCELLING all in person appointments for January 19th and 20th for expected riots.

Wake County Court has not yet made a decision, but has announced that they may also remain closed

----------------------------
U.S. Citizenship and Immigration Services today announced it will temporarily suspend in-person services at all field offices, asylum offices and application support centers on Jan. 19 and 20 to ensure the safety of our employees and individuals with appointments.

USCIS will reschedule individuals who had appointments on Jan. 19 and 20 and send them notices with their new appointment dates. The USCIS website and USCIS Contact Center will remain available for information, case status updates, and other online tools and resources.

09/29/2020

BREAKING NEWS: FEE INCREASES WILL NOT GO INTO EFFECT NEXT WEEK!!!

There has been a preliminary injunction stopping the proposed fee increases. That means that throughout the month we can still file at the current prices.

AILA - Featured Issue: Changes to USCIS Fee Schedule 08/02/2020

Immigration filing fees are going up on OCOTBER 2!! If you want to file in time you should start NOW because the case needs to be completed and received BEFORE that date to pay the old fees.

Some of the highlights:

Citizenship: was $725, now $1190!!!
Removal of Conditions: was $680, now $790.
Adjustment of status: Currently work permit and travel permit are included for free, but after 10/2 those will cost $550 and $590 respectively
Provisional Waiver: was $715, and now $960
https://www.aila.org/advo-media/issues/all/changes-to-uscis-fee-schedule

AILA - Featured Issue: Changes to USCIS Fee Schedule USCIS is significantly altering its fee schedule by increasing fees by a weighted average of 20%, adding new fees, establishing multiple fees for nonimmigrant workers, and limiting the number of beneficiaries for some forms. This issue page tracks resources related to these impending changes.

Judge blocks administration from implementing 'public charge' rule during pandemic 07/30/2020

This is big news, but it may not seem exciting. People that were applying for Adjustment of Status have had to turn over a ton of finacnial information and credit reports since February. The court just announced that we won't have to do that anymore until COVID is not a major problem.

https://www.cnn.com/2020/07/29/politics/public-charge-coronavirus/index.html?fbclid=IwAR0-ULvX0Q_LLpjAuO-UWceT2gx2IhIGfbH9shY8VayTxS6O2sjONyHHvzchttps://www.cnn.com/2020/07/29/politics/public-charge-coronavirus/index.html?fbclid=IwAR0-ULvX0Q_LLpjAuO-UWceT2gx2IhIGfbH9shY8VayTxS6O2sjONyHHvzc

Judge blocks administration from implementing 'public charge' rule during pandemic A federal judge blocked the Trump administration from implementing its controversial "public charge" rule during the coronavirus pandemic

The Supreme Court Upheld DACA But The Trump Administration Hasn’t Let Immigrants Apply For It 07/17/2020

The Supreme Court Upheld DACA But The Trump Administration Hasn’t Let Immigrants Apply For It Immigrants not enrolled in DACA have not been able to apply for the program, despite the Supreme Court ruling.

Furlough notices arrive for some 13,400 USCIS employees | Federal News Network 06/30/2020

USCIS is temporary laying off 75% of its workers. Will this slow processing times? YES. Everyone needs to be prepared for much longer processing times for all types of cases.

https://federalnewsnetwork.com/workforce/2020/06/furlough-notices-arrive-for-some-13400-uscis-employees/

Furlough notices arrive for some 13,400 USCIS employees | Federal News Network As expected, employees at U.S. Citizenship and Immigration Services are beginning to receive furlough notices ahead of a possible Aug. 3 action. The Department of Homeland Security and the Office of…

05/31/2020

Wake County Justice Center is CLOSED June 1st due to unrest and damage in the area. All cases will be reset.

https://www.facebook.com/104896112844/posts/10158766317287845/

USCIS Offices Preparing to Reopen on June 4 05/28/2020

Big news!!! USCIS is opening on June 4th. Here in Raleigh they are going to do Naturalization oaths every day until the backlog is cleared. They will be done outdoors and be very short and only a handful at a time, woth no visitors.

After that they will be doing all of the backlogged Adjustment of Status cases.

At offices around the country there will be rescheduling of all the interviews and oath ceremonies that have been postponed. Watch out for the letter with your new dates.

https://www.uscis.gov/news/alerts/uscis-offices-preparing-reopen-june-4

USCIS Offices Preparing to Reopen on June 4 On March 18, U.S. Citizenship and Immigration Services temporarily suspended in-person services at its field offices, asylum offices, and application support centers (ASCs) to help slow the spread of

04/23/2020

Interesting news: In some cases I have seen that processing has been faster than it was before the COVID crisis. So while some cases are going to be delayed quite a bit, some other cases will not. SO far it seems that the faster processing is happening to cases that are being filed now, but not ones that were already pending. Every day clients are asking me "How long do you think this will take?" Right now I really do not have the answer to that. I can tell you that I do recommend that if you want to file for something that you should do it as soon as you are able.

Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak | The White House 04/22/2020

The new order from the president has been announced.

Basically it halts the issuance of Immigrant Visas at consulates around the world for 60 days except for spouses and children of US Citizens and a few others.

Who does it primarily affect: Applicants OUTSIDE THE COUNTRY for immigrant visas.

It does NOT affect: Spouses and children of US Citizens OR those that have already been issued a visa

How long does it last? At least 60 days

When does it start? April 24th (although all of the consulates are closed, so no such immigrant visas would be issued tomorrow anyway.

https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/

Section 1. Suspension and Limitation on Entry. The entry into the United States of aliens as immigrants is hereby suspended and limited subject to section 2 of this proclamation.
Sec. 2. Scope of Suspension and Limitation on Entry. (a) The suspension and limitation on entry pursuant to section 1 of this proclamation shall apply only to aliens who:
(i) are outside the United States on the effective date of this proclamation;
(ii) do not have an immigrant visa that is valid on the effective date of this proclamation; and
(iii) do not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.
(b) The suspension and limitation on entry pursuant to section 1 of this proclamation shall not apply to:
(i) any lawful permanent resident of the United States;
(ii) any alien seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees; and any spouse and unmarried children under 21 years old of any such alien who are accompanying or following to join the alien;
(iii) any alien applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program;
(iv) any alien who is the spouse of a United States citizen;
(v) any alien who is under 21 years old and is the child of a United States citizen, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;
(vi) any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;
(vii) any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces;
(viii) any alien seeking to enter the United States pursuant to a Special Immigrant Visa in the SI or SQ classification, subject to such conditions as the Secretary of State may impose, and any spouse and children of any such individual; or
(ix) any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.
Sec. 3. Implementation and Enforcement. (a) The consular officer shall determine, in his or her discretion, whether an immigrant has established his or her eligibility for an exception in section 2(b) of this proclamation. The Secretary of State shall implement this proclamation as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish in the Secretary of State’s discretion. The Secretary of Homeland Security shall implement this proclamation as it applies to the entry of aliens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish in the Secretary of Homeland Security’s discretion.
(b) An alien who circumvents the application of this proclamation through fraud, willful misrepresentation of a material fact, or illegal entry shall be a priority for removal by the Department of Homeland Security.
(c) Nothing in this proclamation shall be construed to limit the ability of an individual to seek asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws of the United States.
Sec. 4. Termination. This proclamation shall expire 60 days from its effective date and may be continued as necessary. Whenever appropriate, but no later than 50 days from the effective date of this proclamation, the Secretary of Homeland Security shall, in consultation with the Secretary of State and the Secretary of Labor, recommend whether I should continue or modify this proclamation.
Sec. 5. Effective Date. This proclamation is effective at 11:59 p.m. eastern daylight time on April 23, 2020.

Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak | The White House The 2019 Novel Coronavirus (COVID-19) has significantly disrupted the livelihoods of Americans. In Proclamation 9994 of March 13, 2020 (Declaring a Nation

Trump says immigration order will apply only to green cards and will last 60 days 04/21/2020

https://www.cnn.com/2020/04/21/politics/donald-trump-immigration-coronavirus/index.html

Trump says immigration order will apply only to green cards and will last 60 days President Donald Trump said Tuesday his forthcoming executive order barring new immigration will apply only to people seeking green cards, will last 60 days and won't affect workers entering the country on a temporary basis.

USCIS Contact Center 04/03/2020

On March 18, U.S. Citizenship and Immigration Services (USCIS) temporarily closed our offices to the public and cancelled all appointments, interviews, and ceremonies to slow the spread of coronavirus (COVID-19). That temporary closure is currently in effect through May 3, and may be extended. Our employees continue to work and are performing mission-essential functions that do not involve face-to-face contact with the public.

During this time, USCIS will provide emergency services for limited situations. To request an emergency appointment, contact the USCIS Contact Center: https://uscis.gov/contactcenter.

Please refer to the chart below for instructions on what, if anything, you need to do:

If you were scheduled for…

Then…

A naturalization, Green Card, or other interview at a field office

You don’t need to do anything. We will mail you a new interview notice when normal operations resume.

A biometrics appointment at an Application Support Center

You don’t need to do anything. We will mail you a notice with further instructions.

An asylum interview

You don’t need to do anything. We will mail you a new interview notice when normal operations resume.

A naturalization oath ceremony

You don’t need to do anything. We will mail you a new oath ceremony notice when normal operations resume.

An emergency service such as advance parole

You need to call the USCIS Contact Center for immediate rescheduling: https://uscis.gov/contactcenter

An appointment at a field office for something other than an interview or ceremony

Check https://uscis.gov/closings to learn when your field office will reopen. Then, call the USCIS Contact Center to reschedule your appointment: https://uscis.gov/contactcenter

We will provide further updates as the situation develops and will continue to follow CDC guidance. Please visit https://uscis.gov/coronavirus for more information.

Education and precautions are the strongest tools against infection. Get the latest facts by visiting the Centers for Disease Control and Prevention’s COVID-19 website: https://cdc.gov/coronavirus.

Sincerely,

U.S. Citizenship and Immigration Services

Please do not reply to this message. See our Contact Us page for phone numbers and e-mail addresses.

USCIS signature

USCIS Contact Center You have many ways to get basic information about immigration services and ask questions about a pending case. Through our digital self-help tools and live assistance, the USCIS Contact Center provide

Chief Justice Beasley Issues Order Postponing Court Proceedings Until June 1, 2020 | North Carolina Judicial Branch 04/03/2020

If you have a criminal or traffic case in NC currently set before June 1st it will be POSTPONED (unless Defendant is in jail). I will notify any of you that I represent about your new court dates.

https://www.nccourts.gov/news/tag/press-release/chief-justice-beasley-issues-order-postponing-court-proceedings-until-june-1-2020-0

Chief Justice Beasley Issues Order Postponing Court Proceedings Until June 1, 2020 | North Carolina Judicial Branch Chief Justice Beasley's order contains seven directives including the postponement of court proceedings until June 1, 2020.

USCIS Response to Coronavirus 2019 (COVID-19) 04/01/2020

As expected: USCIS offices will remain closed to the public until at least May 3rd:

On March 18, U.S. Citizenship and Immigration Services temporarily suspended in-person services at its field offices, asylum offices, and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS offices will begin to reopen on May 4 unless the public closures are extended further. Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the public.

USCIS will continue to provide limited emergency services. Please call the Contact Center for assistance with emergency services.

USCIS field offices will send notices to applicants and petitioners with scheduled appointments and naturalization ceremonies impacted by the extended temporary closure. USCIS asylum offices will send interview cancellation notices and automatically reschedule asylum interviews. When the interview is rescheduled, asylum applicants will receive a new interview notice with the new time, date and location of the interview. When USCIS again resumes normal operations, USCIS will automatically reschedule ASC appointments due to the temporary office closure. You will receive a new appointment letter in the mail. Individuals who had InfoPass or other appointments must reschedule through the USCIS Contact Center once field offices are open to the public again. Please check to see if the office in your jurisdiction has been reopened before reaching out to the USCIS Contact Center.

Education and precautions are the strongest tools against infection. Get the latest facts by visiting the Centers for Disease Control and Prevention’s COVID-19 website. Continue to practice good health habits, refrain from handshakes or hugs as greetings, and wash hands and clean surfaces appropriately.

USCIS will provide further updates as the situation develops and will continue to follow CDC guidance. Please also visit uscis.gov/coronavirus for updates.

USCIS Response to Coronavirus 2019 (COVID-19) ALERT: As of March 18, U.S. Citizenship and Immigration Services temporarily suspended in-person services at its field offices, asylum offices, and Application Support Centers (ASCs) to help s

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