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Parole in Place Military Green Card for Spouse Parent and Child

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Hi this is Kaushik Ranchod here with Brian for our weekly immigration update and today, what we’re going to talk about is how children that are in the military can sponsor their parents or a spouse or a parent can sponsor their spouse or child or a parent.

Also I want to let you know that as appreciation for all of you out there who have been watching us

I wanted to let you know that we are having an end of the year client appreciation where we will be giving clients a significant discount until the 24th of December and you can call us at (916) 613-3553

Alright so one of the questions that I get is:




My child is in the military, can he sponsor me?




So if your child is in the military they can file what’s called parole in place for you which is a way for you to get advanced parole and also work authorization and they can do this even if they’re not 20 years of age – they can file for the parole in place for you and the best part is that even if you enter without inspection 1 time you can overcome that with this parole in place and you would not need to leave the United States so you wouldn’t need a waiver.

If your child is 21 or older and a US citizen they can, after the parole in place is obtained, file for a green card for you.

Now, this also works if your spouse is in the military or your parent’s in the military so in essence the parole in place overcomes that illegal entry and then the normal green card rules apply after that, whether or not you are eligible to apply for a green card based on the relation to your relative.

Ok, so Brian what other kind of questions have we been receiving about the parole in place or the clients have that retained us and we were able to get those cases approved?

I have to give you the disclaimer: just because we get them approved doesn’t mean your case will get approved but we will be able to advise you whether or not you have a good case – you can call us at (916) 220-3137 or ask your question below.

So one of the questions just to clarify: if I have an 18 year old son who is in the military I can obtain the parole in place but not necessarily the green card right away is that correct?

That is a fantastic question. So normally (in the normal immigration process) your child needs to be 21 years old in order to be able to petition for you. That’s also another question we’ve received:




My child is a US citizen, can they petition for me?




So they can normally file what’s called an I-130 petition if they are under the age of 21 they can file parole in place and you can get work authorization and the travel document but they can’t start the green card process until they turn 21 but once they turn 21, BOOM! they can apply for the green card so this parole in place is extremely powerful, it’s a way for you to get a green card because a lot our clients get worried when they file for the Waivers that they have to leave the United States when they file for the Waivers but in this situation you don’t have to leave the U.S.

Even with the I-601A waiver, if you leave, you’re going to have that Waivers approved but that’s a whole other topic, check out our videos for that – here the bottom line is that for this you don’t need to apply for a waiver.

Another question from clients about the parole in place is they’re afraid of the word “discretionary” what does that mean?

Does it mean that every single parole in place:

  • Will be approved?
  • Does it mean that every military has the right to be approved?
  • What does the word discretionary for immigration mean?

I understand if you are afraid of that word, discretionary, because it’s a big word and it means basically that it is up to the USCIS officer on whether or not you application will be approved and that’s where we come into play as immigration attorneys. We create a case explaining why your case should be approved so things they look at are:

  • Do you have good moral character are you a good person?
  • Do you have any other violations?

What we do is demonstrate why you are deserving of getting the parole in place and that’s why it’s really important to hire an excellent Immigration Attorney who has(I recommend) at least over a decade of experience in preparing these cases.

I want to go back to one of the questions that we got here:




If you’re 21 and you’re a US citizen can you apply for a parent?




That is one of the questions we got last week that I wanted to answer for you – yes you can apply, but if you have an illegal entry then you are not eligible for an I-601A Waivers per se: the child could file a petition for you but when you get to the I-601A Waiver you’re going to need to have a different kind of relationship there in order to qualify.

Brian, have we got any other questions about the parole in place?

Not about the parole in place but people are asking:




I hear a lot of our clients are green card holders who are afraid of travelling outside of the United States and coming back: they are hearing the news about denied admissions to green card holders at the time of re-entering the United States, is that something that is really happening?




Unfortunately that is something that is happening in my opinion it shouldn’t be happening but it does happen from time to time: my advice would be to not travel.

Technically most of our cases are being allowed to re-enter, unless there is an extended amount of time where the green card holder has been absent – for instance more than 6 months: if you’re gone for more than a year then you could very well have your green card taken away from you, so in this time with the current President Trump administration I would recommend not travelling as a green card holder.

At the same time I do understand people get sick, people have family members that get sick. We’ve had in our office a brother of a family member that got sick. They left and came back and didn’t have any problem, but I’m used to excersizing extreme caution for you during this time right now and if you’ve been absent for more than 6 months from the United States within a year or have any kind of criminal issue you should consult with an immigration lawyer before you travel because the consequences are extremely serious: you worked so hard to get your green card, you don’t want to lose it so that’s one of the main differences here between the green card and citizenship. When you’re a citizen these issues become irrelevant so if you’re concerned about these issues you may want to consider applying for Citizenship so you don’t have this stress that is on your head every time you travel.

Also as an update, people want to know what has been going on with the President Trump administration. Immigration denials have increased by 40% within the past year – 40%, so that is a huge number that is why it’s extremely important you take your due diligence and hire the best attorney that you can to represent you. In some cases they will just deny a case and that needs to be appealed because unfortunately that is the current administration right now. Thankfully I feel very blessed that overall our success rate is over 95% still, but it has become much more difficult with this current administration, and they are issuing many more RFEs than before so it’s something that we’re fighting every single day to ensure we can prepare the best possible application that we can prepare to make sure that your rights are preserved and it’s really important to know whether or not you should even submit your application.

Sometimes it’s better to not file an application if you contact us we’ll be able to let you know that anyone’s success rate, including ours, doesn’t guarantee success with your case. If you get an evaluation of your case then that will help determine whether or not it’s even a good idea to submit because in some situations it’s better to just wait and build up the strength of your case, file later or not file at all.

Alright so I want to thank you for tuning in and again as an appreciation for tuning in and watching us every week, we are giving our greatest client appreciation promotional discount of the year, so you can contact us at (916) 613-3553 and that’s only going to be available until the 24th.

I just want to thank you for being loyal and tuning in every week we really appreciate you and it is an honor to humbly serve – thank you!

Podcast sobre Individuos indocumentados, Cambios H1-B Visa

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En este podcast cubrimos:

  • Individuos indocumentados en los Estados Unidos
  • El escándalo relacionado con la ausencia de verificación de antecedentes de empleados en el centro de detención más grande para niños migrantes
  • el caso de Samuel Oliver-Bruno
  • Cambios propuestos en cuanto a inadmisibilidad de cargos públicos
  • CambiosH1-B Visa

Sacramento

Stockton

I-601A Waivers: Children Cannot Petition For Parents

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Hi this is Kaushik Ranchod from the The Ranchod Law Group with Brian – we’re here doing our weekly immigration show.
Today we’re going to talk about a frequently asked question on a top waiver: I601a.

Children filing I-601A Waivers for their parents

Can Children file for an I-601A Waiver?

One question that I get asked frequently is: can a child file an I601a waiver for a parent?

I actually had a consultation today with someone who had this situation – they didn’t hire an attorney, they filed the case and got it denied because she was a child filing for the father, wasting a whole year unfortunately. Children are not eligible for the I-601a Waiver because the child-parent relationship is something that does not qualify. If the child is a U.S. Citizen, this doesn’t allow the father to qualify for the I601a Waiver.

However, you can qualify if you’re a spouse or a parent U.S. citizen or Lawful Permanent Resident: in those situations, that relationship could qualify for an I-601a Waiver.

So Brian, what other questions have we been getting? Well you’re talking about the I-601A, client’s get impatient and want to know exactly if we have a way to determine how much time does it take for an I-601A Waivers to get approved.

I-601A Approval Times

How long doies it take for an I-601A Waiver to get approved?

That’s a great question Brian! Unfortunately we don’t have a crystal ball, but what we do have is experience – what I could tell you for the I-601A is it’s taking about six to eight months right now and the times are just slowing down. I expect that time to slow down. We’re also getting questions about how long it will take once the I-601A is approved and that can be anywhere from two to four months all the way up to six or even seven months.

Alright well that is all that we have today. I am going to be out of the office next week so we will resume this two weeks from now. I want to thank you for tuning in again you can ask your questions below and we will be happy to respond or you can call us at (916) 613-3553 have an awesome day.

Keeping Families Together Through The I-601A Waiver Process

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I-601A Waiver Approval Document - Proving extreme hardship to USCIS

I 601A Approval Notice (Waiver Process)




Here at #The Ranchod Law Group our office is proud of our track record in helping Clients keep their families together through the I-601A waiver process – including our latest success story which was approved in 3 months!

The Facts about this Success Story

Our client is the husband of a U.S. citizen and father to two U.S. citizen children.

Working with our law office, we were able to identify numerous extreme hardships to USCIS to help win the Waiver.

  • A deep dive into the citizen spouse’s medical history revealed a rare condition and our office researched Mexico’s medical system to show that this condition would not be covered by foreign health insurance.
  • The citizen spouse, also known as the qualifying relative, has good employment, but we demonstrated the significant student loan debt it took to get there and why she depends on our client’s joint income to repay this debt.
  • Among other hardships, we further highlighted the citizen spouse’s psychological impacts of not just being separated from our client, but also raising 2 children in the United States as a single mother.

Our dedicated team of immigration lawyers and experts, was able to show enough evidence of exceptional hardship to secure a successful outcome in under three and a half months, at a time when immigration is averaging five to seven months for these Waivers!

A Detailed list of other information on I-601A Waivers

An I-601A Success Story: Waiver approval for medical extreme hardship

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Hi this is Kaushik Ranchod here from The Ranchod Law Group with Brian and today we’re going to talk about the I-601a Waiver.

Before doing so, I want to express our gratitude to all of you that have been checking in every week. For all of our clients, stay tuned because we are going to talk about how we got an I-601a Waiver approved for a Mexican national

We were able to get this case approved in 3 and a half months

Right now, the government processing times, specifically for the I-601a Waiver, is between 5 and 7 months. That’s only for the I-601a Waiver.

That’s one step and there are three steps in the process. Before that is the form I-130 which is taking 6 to 8 months and then there’s the National Visa Center processing and the U.S. embassy processing.

So I’ll tell you a little bit about this case and how we got it approved.

The spouse was married to a U.S. citizen she has 2 U.S. citizen children – he has 2 U.S. citizen children as well, the same kids, and basically what we did is what we normally do and that is a very thorough investigation for our clients: specifically in the case of this client, we were seeking different factors that could be considered extreme hardship. In this case we were able to find a medical condition she had that would not be covered by the foreign health insurance. Also, the U.S. citizen spouse had a very good job and the way she got that good job was by going to school and she ended up having to get a significant student loan: if she had to go back to Mexico she wouldn’t have been able to pay back those student loans and she also needed the husband’s joint income to help pay the student loans as well!

Alright – That is a wrap for today, we’re going to be here next
Wednesday I want to just thank you for tuning in we look forward to seeing you next week. Call us at (916) 613-3553 if you have questions. Thank you and have an awesome day and see you next week, bye for now.

A Detailed list of other information on I-601A Waivers

New ‘Public Charge’ rule – will receiving public assistance or benefits affect my green card application?

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In a proposed rule containing a hard-to-believe 447 pages, the The Department of Homeland Security has proposed a new public charge rule that could affect the thousands of green card applications that USCIS receives every day. Long story short: receiving public assistance or benefits of any kind can hurt your chances of getting a green card.

In the past, USCIS – the agency that processes green card applications within the U.S. – would deny applications if the person applying for the green card is likely to be a public charge, meaning someone who is living off of cash benefits rather than working for income. To get around this, applications would require Form I-864, showing that a U.S. citizen or permanent resident made enough income to ‘sponsor’ the green card applicant.

With this new rule, that form will no longer be enough. If the proposed rule is enacted, here are some changes that will take place:

  1. it is not just cash benefits, but any kind of benefit being considered (including: non-emergency Medi-cal, CHIP, even Obamacare subsidies);
  2. the Form I-864 will now just be one factor in determining public charge and sometimes won’t be enough;
  3. immigration is now considering how likely someone is to need assistance in the future, meaning that even if you have a good job now, being of old age or in poor health might lead to a green card denial, and
  4. even if you are not receiving public benefits now, but have in the past, you could still be denied a green card. There are other changes being proposed as well, and some are just downright cruel.

If you would like to know how these changes might affect your green card application, or if you think you might qualify for a green card in the future, give our office a call at (916) 613-3553 to assess the possibilities in your case. More than ever, it’s important to get the right kind of help.

Related Links:

Examples of Successful I-601A Waiver Applications

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Hi this is Kaushik Ranchod here from the Ranchod Law Group here for our weekly immigration update and here’s Brian as well so today we’re gonna discuss some examples of successful i601A waivers because you’ve been asking those questions.

A Detailed list of other information on I-601A Waivers