There are good changes on the horizon for Immigration Reform 2014

Immigration reform in 2014 has been issued. There are several items to Parole that are different, expanded and easier to get than in the past. Brian D. Lerner, immigration attorney explains that under immigration reform in 2014, first you would need to understand what exactly is ‘parole’ in order to have an appreciation of the differences.

At least three separate DHS memos address various aspects of “parole.” In the immigration context, parole refers to allowing an individual to temporarily enter the United States for purposes of significant public benefit or for humanitarian reasons without technically admitting the person into the country. Although parole is issued on a case-by-case basis, there is a long history of designated categories of individuals who may qualify for parole. “Advance parole” and “parole-in-place” are forms of parole. Advance parole refers to giving an individual currently residing in the United States in a temporary status permission to travel abroad for a short period and return to the United States without jeopardizing the existing status. Parole in-place is parole in which an individual who is already in the United States, but who is here without permission, is nonetheless granted parole without having to leave the country. Individuals granted parole—including advance parole and parole-in-place—may ultimately be able to gain lawful permanent status without leaving the United States, if they are otherwise eligible.

Brian D. Lerner states there are issues with this. For example, if somebody who might qualify under the immigration laws to adjust status in the U.S. – except for not being able to show legal entry, they might be able to use the parole. For example, they could qualify for DACA or DAPA under the immigration reform 2014, and because of that, they could apply for Advance Parole, leave the U.S. and then enter again legally. This legal entry would really be an admission to the U.S. states Brian Lerner. Because of that, the person could then adjust status in the U.S. assuming they have no other grounds of inadmissibility.

Here there is a specific change to immigration policy per the immigration reform 2014. Under direction from the Secretary of Homeland Security, DHS officials will be instructed to follow a 2012 immigration decision (Matter of Arrabally), finding that a lawfully present individual who travels abroad after a grant of advance parole does not trigger the three- or 10-year bars that ordinarily apply when a person departs the United States after residing here unlawfully for more than six months. Under this decision, individuals who would be eligible for LPR status but for the fact that their last entry into the United States was unlawful may be able to apply for permanent resident status upon their parole back into the United States. The new DHS instruction will ensure consistent application across the department. Assuming that this is actually followed, there will be consistency and a person leaving the U.S. under the immigration reform 2014, will be able to re-enter the U.S. without fear that they have just invoked the 3/10 year bar waiver. Brian Lerner states that prior to the immigration reform 2014, the adjudications of people re-entering the U.S. with the advance parole was inconsistent and different depending which officer you happened to get. Hopefully, this will end and there will be consistent adjudications.

Parole in Place adjudications has been expanded to include LPR relatives in the military as well as persons who intend to enter the military (not just personas already in the military.) Also, the Secretary of the Department of Homeland Security has stated that he would like USCIS to grant deferred action to persons who overstayed their visas and who have a relative who is a veteran. Thus, the immigration reform 2014 in fact has good news on the horizon for parole and should be used once the regulations are issued.

About Author

Brian Lerner

Many years ago, Brian D. Lerner has passed a rigorous examination and extensive experience requirements by the State Bar of California, Board of Legal Specialization. He can handle the most difficult of immigration cases arising from business visas, work permits, Green Cards, non-immigrant visas, deportation, citizenship, appeals and all other areas of immigration. He received his B.S. Degree in Business Administration, with an emphasis on Computer Information Systems, from the University of Southern California. He graduated from the University of the Pacific, McGeorge School of Law with a Juris Doctorate degree.

Mr. Lerner is admitted to the United States Supreme Court, the California Supreme Court and the U.S. Courts of Appeals for the 11th, 10th, 9th, 8th, 6th, 5th, 4th, 3rd, 2nd and 1st Circuits. This means that he can prepare and file all Circuit Court of Appeals and U.S. Supreme Court cases.
As for all immigration matters at the Immigration Courts, USCIS, BICE, BCBP, BALCA, Department of Labor, and the Board of Immigration Appeals, our firm can prepare all matters in every state in the United States, Puerto Rico and Guam. Mr. Lerner has traveled all over the United States to help people with their immigration needs.

Mr. Lerner can handle the toughest of deportation cases as well as any appeal, Petition for Review or Motion to Reopen case. Mr. Lerner is frequently present in immigration court, representing individuals in deportation, removal, waiver asylum, withholding of removal and adjustment of status hearings. He has prepared numerous appellate briefs to the Board of Immigration Appeals and other appellate boards at the Bureau of Citizenship and Immigration Services. He has appealed and argued cases in the Circuit Court of Appeals all over the United States.

Mr. Lerner has prepared business visas for individuals from all over the world. Our firm has clients from practically every continent on Earth. His visa experience extends to Treaty Traders, Treaty Investors, Intercompany Transferees, Speciality Occupations, Training programs, and NAFTA visas. He has extensive experience in most all other types of visas issued. In addition to his visa experience, Mr. Lerner has prepared Multinational Manager, National Interest Waiver and Extraordinary Alien petitions for highly qualified foreigners.

Mr. Lerner’s clients are from all over the United States and many countries around the world. Immigration Law is Federal Law. Therefore, a petition or application would be prepared the same in Texas, Florida, or any other State as it would in California. It is more important for you to make sure that you have an expert attorney in Immigration Law prepare your case, rather than a lawyer who happens to be local. There is too much at stake to just give your case to anyone.

Mr. Lerner will fight for you and your family. Since he is married to an immigrant himself, he is committed to helping people from all around the world to come to the United States to realize their dream.