What to Know About the Pause of Form I-131F
Monday, September 09, 2024
What to Know About the Pause of Form I-131F
On Monday, U.S. District Judge J. Campbell Barker temporarily paused the Biden administration's new program designed to assist noncitizen spouses and stepchildren of U.S. citizens in obtaining lawful residency. This development comes in response to a lawsuit filed by 16 states, including Texas, challenging the program's legality and impact.
Understanding Form I-131F
Form I-131F is a crucial part of the recently introduced program by the Department of Homeland Security (DHS). The program aimed to provide a pathway to lawful residency for noncitizen spouses and stepchildren of U.S. citizens without requiring them to leave the country. Through this initiative, eligible individuals could apply for “parole in place,” which allows them to adjust their status while staying in the U.S.
Dionnie Wynter Pfunde
Founder of Wynter Law Practice and Wynter Immigration Law Academy
To qualify for this program, applicants needed to meet specific criteria:
For Noncitizen Spouses:
- Be physically present in the U.S. without lawful admission or parole.
- Have been continuously present in the U.S. since at least June 17, 2014.
- Be legally married to a U.S. citizen on or before June 17, 2024.
- Pass background checks, including vetting for national security and public safety.
For Noncitizen Stepchildren:
- Be under 21 years old and unmarried as of June 17.
- Be physically present in the U.S. without lawful admission or parole.
- Have been continuously present in the U.S. since at least June 17.
- Have a step-parent who entered into a legally valid marriage with a U.S. citizen on or before June 17 and before the stepchild’s 18th birthday.
- Pass similar background and security checks.
The Legal Challenge
The lawsuit, led by 16 states, argues that the program could cause significant harm and accuses the Biden administration of bypassing Congress for political reasons. The plaintiffs claim that the program might have unintended consequences and lead to legal complications.
In response, Judge Barker issued a temporary injunction halting the program for 14 days. This pause allows for further legal review and could potentially be extended based on additional court rulings.
Current Status and Next Steps
Despite the pause, the DHS has announced that it will continue to accept Form I-131F applications and defend the program in court. Applicants whose parole was approved before the court's order will not be affected by this pause.
The department remains committed to processing applications and addressing the legal challenges that have arisen.
What Applicants Should Do
If you have already submitted an application or are considering applying for Form I-131F, it’s essential to stay informed about the latest updates. For those who received approval before the pause, no immediate action is required, but keeping an eye on developments is advisable.
For those still in the application process, consulting with an immigration attorney can provide clarity on how the pause might impact your case and help explore alternative options if needed.
What to Know About the Pause of Form I-131F
On Monday, U.S. District Judge J. Campbell Barker temporarily paused the Biden administration's new program designed to assist noncitizen spouses and stepchildren of U.S. citizens in obtaining lawful residency. This development comes in response to a lawsuit filed by 16 states, including Texas, challenging the program's legality and impact.
Understanding Form I-131F
Form I-131F is a crucial part of the recently introduced program by the Department of Homeland Security (DHS). The program aimed to provide a pathway to lawful residency for noncitizen spouses and stepchildren of U.S. citizens without requiring them to leave the country. Through this initiative, eligible individuals could apply for “parole in place,” which allows them to adjust their status while staying in the U.S.
To qualify for this program, applicants needed to meet specific criteria:
For Noncitizen Spouses:
- Be physically present in the U.S. without lawful admission or parole.
- Have been continuously present in the U.S. since at least June 17, 2014.
- Be legally married to a U.S. citizen on or before June 17, 2024.
- Pass background checks, including vetting for national security and public safety.
For Noncitizen Stepchildren:
- Be under 21 years old and unmarried as of June 17.
- Be physically present in the U.S. without lawful admission or parole.
- Have been continuously present in the U.S. since at least June 17.
- Have a step-parent who entered into a legally valid marriage with a U.S. citizen on or before June 17 and before the stepchild’s 18th birthday.
- Pass similar background and security checks.
Dionnie Wynter Pfunde
Founder of Wynter Law Practice and Wynter Immigration Law Academy
The Legal Challenge
The lawsuit, led by 16 states, argues that the program could cause significant harm and accuses the Biden administration of bypassing Congress for political reasons. The plaintiffs claim that the program might have unintended consequences and lead to legal complications.
In response, Judge Barker issued a temporary injunction halting the program for 14 days. This pause allows for further legal review and could potentially be extended based on additional court rulings.
Current Status and Next Steps
Despite the pause, the DHS has announced that it will continue to accept Form I-131F applications and defend the program in court. Applicants whose parole was approved before the court's order will not be affected by this pause.
The department remains committed to processing applications and addressing the legal challenges that have arisen.
What Applicants Should Do
If you have already submitted an application or are considering applying for Form I-131F, it’s essential to stay informed about the latest updates. For those who received approval before the pause, no immediate action is required, but keeping an eye on developments is advisable.
For those still in the application process, consulting with an immigration attorney can provide clarity on how the pause might impact your case and help explore alternative options if needed.
Conclusion
For the latest updates on this and other immigration-related news, keep following our blog.
The temporary halt of Form I-131F highlights the ongoing debates about immigration policy and executive authority. As legal proceedings continue, staying updated and seeking professional advice will be crucial for those affected by this development.
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About the Author
Dionnie Wynter Pfunde is an Immigration Law Attorney specializing in comprehensive immigration matters. With extensive experience in navigating complex immigration issues, Dionnie provides expert legal guidance and advocacy to individuals and families seeking to understand and manage their immigration status. Dedicated to helping clients achieve their immigration goals, Dionnie combines a deep understanding of immigration law with a commitment to clear and effective representation.
For more information on how this executive action may impact you or your loved ones in Tampa, Florida, please contact Wynter Law Practice at:
Wynter Law Practice
Wynter Immigration Law Associates
Phone: 517 505 3363
Email: dionniewynter@wynterlaw.com
Website: www.wynterlaw.com