ERM Immigration Law, PLLC

UPDATE "Keeping Families Together" (KFT): On Aug. 26, 2024, the United States District Court for the Eastern District of Texas, in Texas v. Department of Homeland Security, issued an administrative stay, preventing the Department of Homeland Security (DHS) from granting parole in place under Keeping Families Together for 14 days.

To comply with the district court’s administrative stay, USCIS will, until further notice:

1. Not grant any pending parole in place requests under Keeping Families Together.
2. Continue to accept filings of Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens.
3. Continue to schedule biometric appointments and capture biometrics at Application Support Centers (ASCs).

What is a stay? A stay is a legal term for "pause." A court issues temporary stays to stop a legal proceeding for a short period of time to determine whether something done, in this case by the Government, is illegal or harmful.

Here, the question is whether the new program goes beyond the scope of policy (which is not law) to the point of being a new law (which is not policy). Laws must be written and approved by the House and Senate and then signed into law by the president. Policy can be made by the presidential administration through existing laws only. A similar program to KFT exists, and the courts will decide if this expansion of law is a policy or too broad and should be considered a new law. If so, lawmakers must follow the regular law-making process to make KFT valid. If they decide it is too broad, then the program will be terminated or placed in a more permanent stay until it works its way through the courts.

What does this mean for your application? You can continue to submit applications, and we encourage people to continue to apply and gather documentation to support their application. But, during the stay they cannot be approved.

Thinking of popping the question? Congratulations, you're in love! Now what? Before you get married, it is time to reconsider the Fiance or K-1 Visa over a Spouse Visa. In the last year, we've seen processing times for the I-129F, Petition for Alien Fainace(e), the first step to your K-1 Visa, go from over 12 months to under two months! This difference is even more dramatic than in 2022, when it took 16 months for your I-129F to be approved. Until recently, the I-129F and the I-130 took about the same amount of time for the initial approval. Now, the I-130, the first step toward your Spouse Visa (IR/CR1), takes about 10-13 months to be approved in most cases. The I-129F is now trending toward only a handful of months until approval.

While there are benefits to each option, before now, with similar processing times, the K-1 was not as attractive because it took as long as the Spouse Visa. The main benefit of a K-1 has historically been getting together in the US sooner. For several years, that wasn't the case, but now, with a much shorter I-129F processing time, you and your partner may want to consider the significant time savings of the K-1 visa over a Spouse Visa. If you are unmarried and you have physically met with your fiance in the last two years, you can start your process today. We are happy to discuss the pros and cons of each process and which might be better for you. # ImmigraitonLawyer

UPDATE: Process to Promote the Unity and Stability of Families.

The Department of Homeland Security has taken an important step to promote family unity within the immigration process. This recent announcement is consistent with the Biden administration's goal of keeping families together. DHS is establishing a process to consider requests for parole in place for spouses of US Citizens who have lived in the United States for at least a decade. If granted parole, these individuals can be eligible to apply for permanent residence based on their marriage to a U.S. citizen and will be able to do so without leaving the country.

USCIS will begin accepting applications on August 19th. They have not yet released the procedure or forms.

To be considered for discretionary parole under this process, the foreign national must have entered the US without inspection, continuously resided in the United States for at least 10 years as of June 17, 2024, have a legally valid marriage to a U.S. citizen, have no disqualifying criminal record that poses a threat to public safety, and otherwise merit a favorable exercise of discretion.

USCIS may also consider certain noncitizen children of applicants under this process if, as of June 17, 2024, they were physically present without admission or parole and have a qualifying relationship to a U.S. citizen.

The forthcoming Federal Register notice will provide more information about these eligibility criteria.

YOU CANNOT APPLY NOW! But you can begin to gather documentation that demonstrates you have been living in the US for at least 10 years, you have a US citizen spouse (or in some cases parent) and your identity documents such as birth certificates, IDs, and passports. Even though this will surely face court challenges, it is still worth preparing for.

We will keep you posted and are taking appointments to prepare for this now. Call or click for more 206-832-2557.

Need to bring your fiancé to the U.S.? The K-1 fiancé visa allows a U.S. citizen to sponsor their foreign partner to legally enter the U.S. for the sole purpose of getting married within 90 days of arrival and applying for or . At , our experienced attorneys can help you through every step of the K-1 visa application process, from form preparation and filing to scheduling and preparing for the visa interview. Let us take the stress out of your fiancé visa journey! 📚✅👍

Don't forget to vote!

Vote ERM Immigration Law, PLLC 2024 The Seattle Times Best in the PNW Vote once per day.

https://www.facebook.com/100057236419021/posts/968083581776180/?app=fbl

Vote ERM Immigration Law, PLLC 2024 The Seattle Times Best in the PNW Vote once per day.

Looking to apply for a US Fiancé Visa for your loved one? has experience helping engaged couples navigate the USCIS fiancé visa process from numerous countires. We understand applying for a K-1 visa 💍can be confusing, mysterious, and stressful. Our team 👨‍💼 👩‍💼 is here to simplify the process, guide you through each step of documentation 📃, and prepare your petition so it has the best chance of approval the first time 🙌 and fast. Don't hesitate to reach out if you have any questions! We are happy to discuss your case ☎️. Let's work together 🤝 so you can bring that special person into your life and celebrate a future together in the US.

On June 17, 2024, the announced a new "Parole in Place" program for spouses of who did not enter the United States "with inspection" or through a checkpoint. The program is meant to keep families with mixed immigration status together. While there has been an announcement, you cannot submit any applications yet. Here's what we know so far about the .

To be eligible for the program you must (1) be in a bona fide marriage with a US citizen as of June 17, 2024, (2) you must have been physically present inside the US for 10 years as of June 17, 2024, and (3) you must not have a criminal record or be a threat to national security. The applicant or requestor's stepchild from the marriage may also qualify. More requirements will certainly be announced as the program develops.

We don’t know when the program will be formally launched. But we do know that there will be a form that must be filed and a fee. The officer deciding the case will make the decision to grant parole on a case-by-case basis. They will consider prior violations of immigration and criminal law and character.

What should you and shouldn’t you do now? You should continue any processes that you already have in place, like Provisional Unlawful Presence program, an Obama legacy program for the same group of people affected by this announcement. You should also pay attention to announcements from USCIS.gov. Do not seek advice from anyone but an experienced immigration attorney, give them money, or give them sensitive information – if someone tells you they can get you started today, it is a . Do hire a reputable attorney who shows you they care. When you contact attorneys, vet them; check reviews, check their record with the Bar Association and , or ask for referrals from your community. If it doesn’t feel right move on. Don’t choose a lawyer based on any single factor such as their language, country of birth, or because their fee is much higher or lower than others.

Immigration attorneys expect that these filings will not be simple. The government has an interest in ensuring that there is no abuse of the system, that marriages are truly for love and not something else, and that the applicant has been present in the US for the required amount of time and isn't a threat to our national security. It will be critical that you engage with an to find out all the facts. Do not solicit or pay for advice or services from or others claiming to understand the system who are not attorneys, you will regret it.

What happens next? is not a . However, it will allow you to apply for a Green Card once it is granted through your without leaving the United States, similar to the program that has been in existence for many years. Any person who obtains a Green Card can be eligible for if they meet the other eligibility, so there will be a through this program!

Unfortunately, most legal experts agree that this program will likely face many challenges in the federal courts. Sometimes, a program can continue while it is being challenged in the courts, and sometimes, it is "stayed," which means the court says the program cannot continue while the lawsuit makes its way through the courts. This happened in the failed "DAPA" program and others. However, in some cases, programs were able to proceed. Right now, we don't know if people will be eligible to apply while the courts decide, or how long until this happens. Unfortunately, opposers to the program have already stated they will file suits trying to stop the program immediately.

Hopefully, those wishing to stop this program will , , and understand the value immigrants and their families bring to the United States and that there is a social benefit to and they will change their minds. Maybe they will remember that this is indeed a —that it always has been and always will. For now, only time will tell.

For more information, please go to USCIS.gov or contact us.

Thank you for your support and for voting for us in the categories Best Immigration Law Firm and Best Law Firm in the PNW! https://www.votethepnw.com/ERMImmigration

Vote ERM Immigration Law, PLLC 2024 The Seattle Times Best in the PNW Vote once per day.

Flag Day is an opportunity to reflect on what it means to be an American and appreciate the values and principles our flag represents. Flag Day celebrates the adoption of the flag of the United States on June 14, 1777, by resolution of the Second Continental Congress.

As a nation of immigrants, we come from all parts of the world but share a common American identity built upon the ideals of freedom, democracy, and opportunity. This Flag Day, show your American pride and honor the history of immigration that helped build this country, and reflect on how we can continue fostering a welcoming spirit that embraces diversity and welcomes newcomers. Let's remember the motto on the Statue of Liberty - "give me your tired, your poor, your huddled masses yearning to breathe free" - and strive to create a more just and compassionate nation where everyone has a chance to contribute and succeed.

Do you have questions about marriage-based green cards or adjustment of status? 🤔💍 The immigration lawyers at ERM Immigration Law, PLLC can help evaluate if you are eligible to apply for permanent residence through marriage to a U.S. citizen or green card holder. Their experienced attorneys provide personalized guidance on marriage visa options, requirements, and application processes. Our goal is to make the immigration system less frustrating and more understandable. If you need advice on a marriage green card reach out to ERM today!

We've been nominated! Help us win Best in the Pacific Northwest!

Vote ERM Immigration Law, PLLC 2024 The Seattle Times Best in the PNW Vote once per day.

Will a potential second Trump administration mean restrictions targeting Muslims again? This remains to be seen, but we must remain vigilant in defending religious freedom and equal protection under the law. We also must consider strategies now for our future and plan for the worst. The Muslim ban was shameful and targeted an entire faith for discriminatory treatment. Any similar plan in the future would again face legal challenges, but in the meanwhile it destroyed families and created backlogs that are still a problem years later. ERM Immigration believes all families should be united no matter their country of birth, religion, or race. We are planning now for all possibilities that may come to this New Year. We are a and that means 🌎 🙏

celebrates + community members everywhere! 🌈❤️ During this time, we're reminded of the🌈 importance of diversity, acceptance🤝 and love for all. At ERM Immigration Law, PLLC, we're proud 🙌to support and empower the 💪 immigrant community as they pursue their goals. Whether you're seeking a work visa, green card, asylum, or citizenship, our team is here to guide you every step of the way. Together we'll overcome any obstacles so you can be who you truly are and live life to the fullest. 🌈

If you are granted asylum, you are eligible for a green card, or legal permanent resident status, ✅ one year after you were approved. 👏 Usually, you do not have to wait one year to submit your application. There are several steps involved in applying for a green card after asylum. One of the first steps is to get in touch with an experienced immigration law firm to review your case and determine if you meet the requirements, such as continuous residence in the United States and good moral character. An experienced immigration attorney can get you through the application process safely by preparing all the necessary paperwork and responding to any requests for evidence from USCIS. We make it easy. 💅 The application process itself can take several months to over a year, so contacting an immigration law firm like ERM Immigration Law soon after receiving asylum status is highly recommended. 🧠

ERM Immigration Law can help with family-based immigration processes like spouse visas, fiance visas, parent visas, etc. We take a personalized approach to understanding your situation and goals and developing a customized legal strategy. Our combination of expertise, affordability, and compassion has helped countless families navigate the complex U.S. immigration system. If you need legal assistance, contact us for a free initial case evaluation.

Ready to apply for a US Passport? This Fair by Representative Smith makes it easy! June 8. Click the link to RSVP.

Passport Fair On Saturday, June 8, you will have the opportunity to apply for your passport conveniently and hassle free! This event is only for people applying for FIRST TIME PASSPORTS, for CHILDREN, or for LOST and STOLEN passports. This is not for passport renewals. This Passport Fair is being hosted by the Ci...

Helping out is what our community is all about! https://gofund.me/36f43e2b

Can I bring my parents to live in the United States?

https://www.ermimmigrationlaw.com/blog/2023/11/can-i-bring-my-parents-to-live-in-the-united-states/

Cool!

ERM Immigration Law: Best immigration lawyers Firm in Seattle | SME Business Review ERM Immigration Law, PLLC is the award-winning boutique law firm in Seattle, practicing exclusively immigration and naturalization law. Founded by Emily Reber-Mariniello

Family preference visas could help you reunite with your loved ones.

https://www.ermimmigrationlaw.com/blog/2023/08/how-family-preference-visas-help-those-whose-children-are-abroad/

It is worth knowing the options available to live together again as a family.

Is There A Way To Reunite? 2 potential scenarios.

Employment visas often require international travel.

Stateside Visa Renewal? Change may be coming.

Hundreds of H-1B visa holders came to the U.S. to work at Twitter. Do they have to stay?

Can H-1B Visa Holders Quit Their Jobs? With management change, expats have to choose.

There are options for professionals with permanent residency to bring their children.

Details About Family Preference Visas Potential benefits for minor and adult children.

Victims might have more access to a visa through this special program.

A Path Towards Safety For Immigrants Where can I start?

Local attorney Emily Durban has been recognized as both a top attorney & a rising star.

National Recognition For Immigration Attorney Helping families stay together.

Start on the path to living in the US permanently.

What Is Consular Processing? Handle the obstacles to getting a green card.

Wednesday, October 20th Urban League Seattle will be hosting a Covid19 Mobile Vaccine Site at our office building parking lot - 105 14th Ave, Seattle. If you haven't gotten a chance to get your poke, please come on in! It is open to the public and all immigration statuses are eligible for free. Thank you !

Home The Urban League of Metropolitan Seattle empowers communities of color to thrive by providing economic, educational and employment support services.