Understanding the Texas Court’s Decision: A Guide for Families Affected by the Parole in Place Stay

A major legal event took place in the area of U. S. immigration law on August 26, 2024. The United States District Court for the Eastern District of Texas recently ordered an administrative stay in the case of Texas v. Department of Homeland Security.? This stay has temporarily stopped the Department of Homeland Security (DHS) from providing parole in place under the “Keeping Families Together” program for two weeks. What this stay implies, what it means for those it affects, and what they need to do will be discussed in this blog post.

What is "Keeping Families Together"?

“Keeping Families Together” is a program which aims at providing parole in place to the noncitizen family members of the U.S citizens including spouses and stepchildren to enable them to stay in the United States of America while they seek to sort out their immigration problems. It has been especially valuable for families, which would be otherwise separated by enforcement actions taken by the immigration authorities.

The Impact of the Administrative Stay

The administrative stay issued by the court has several immediate effects on the processing of parole in place requests under the "Keeping Families Together" program:

1. Suspension of Pending Requests: The USCIS has been directed to suspend processing and granting of the requests for any pending parole in place under this program.
2. Acceptance of New Filings: Although the filing of this suit, USCIS will still accept new filing of Form I-131F, application for parole in place. This means that the families can still access the service and make their request known to the office but they should expect some sort of delay.
3. Biometric Appointments: the USCIS will keep on conducting biometric appointments for people with existing appointments. If you have an appointment then it is very important to honor the appointment and show up as planned. However, if your appointment has been missed or changed then USCIS will inform you of the new appointment.

What Does This Mean for Approved Applications?

More importantly, the administrative stay does not apply to applications that were granted prior to the issuance of the stay. Where you have been granted the parole in place before 6:46 p. m. Eastern Time on August 26, 2024, it will be possible to have an opportunity to apply for other immigration benefits provided by the US law, including the employment authorization as well as the adjustment of status.

Key Consideration: After your Form I-131F has been approved, you can only apply for the employment authorization. In case you file your Form I-765 before requesting for an I-131F, your application for employment authorization will be rejected or denied.

What Should Affected Families Do Next?

If you or your family members are affected by this administrative stay, here are some steps to consider:

• Monitor Updates: It is important to receive such update or change notice from USCIS or the status of the administrative stay.
• Consult with an Attorney: Given the legal complexities, it is advisable to consult with an immigration attorney who can provide guidance specific to your case.
• Prepare for Delays: You need to expect that there are some times when the processing of your application may take a long time hence you should budget for it appropriately.

Conclusion

The administrative stay introduced in the case of Texas v. Department of Homeland Security has left many families that depend on the ‘‘Keeping Families Together’’ program in the dark. Although this is a temporary thing, it shows that a person should always update himself and seek legal advice on how best to deal with the US immigration law. Families should go on submitting the relevant applications, appear for the biometrics appointments, and seek advice from the lawyers to know what measures should be taken in this phase of ambiguity.

At VKM Law Group, we have dedicated ourselves into ensuring that you and or your business gets through these complicated legal huddles. At this difficult time, our immigration attorneys who have many years of experience are ready to assist you. Whether you need help with filling in the applications, acknowledging the possibilities or responding to recent changes – we are at your service.

Contact VKM Law Group today to schedule a consultation and ensure that your family's immigration matters are handled with the utmost care and expertise. Don't face this legal challenge alone—let us be your trusted partner in securing your family's future.