Katy Chavez Attorney At Law

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.

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

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

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Thank you.

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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

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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!!

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09/27/2021

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:

07/17/2021

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.

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