Top AZ Lawyers for Keeping Families Together in Phoenix, Arizona: Achieve your Dreams

Keeping Families Together: Your Definitive Guide to the New Biden Immigration Program 2024

Latest Immigration News Today: Biden's Plan to Keep Undocumented Families United

Are you an undocumented spouse or stepchild of a U.S. citizen living in Phoenix, Scottsdale, Chandler, Glendale, Mesa, Tempe, Tucson, AZ, or anywhere in the United States? There's crucial news for you! President Biden has introduced a new law for undocumented spouses of U.S. citizens called "Keeping Families Together." 

As one of the best immigration law firms in Phoenix, Alcaraz Tocchini - Immigration Lawyers is here to guide you through this life-changing opportunity.

What is the Keeping Families Together Program?

Keeping Families Together is a groundbreaking Biden immigration program that allows certain undocumented spouses and stepchildren of U.S. citizens to apply for "parole in place." This new Biden law means you might be able to stay in the U.S. legally and even get a work permit without having to leave the country.

Key Benefits of the Parole in Place Biden Program:

1. Stay in the U.S. legally for three years
2. Apply for a work permit
3. Avoid being separated from your family in the U.S.
4. Potentially apply for a green card later
5. See your loved ones that you haven’t seen in over 10 years

Who Can Apply for Keeping Families Together?

For Undocumented Spouses:

• You're married to a U.S. citizen
• You've been in the U.S. since at least June 17, 2014
• You entered the U.S. without permission or inspection
• You don't have serious criminal issues

For Undocumented Stepchildren:

• You were under 21 and not married on June 17, 2024
• You've been in the U.S. since at least June 17, 2024
• Your parent married a U.S. citizen before you turned 18
• You don't have serious criminal issues

Marriage Requirements

For spouses applying under the Keeping Families Together program, it's crucial to prove your marriage is genuine:

1. Valid Marriage: Your marriage must be legally valid where it took place.
2. Bona Fide Relationship: You need to show your marriage wasn't just for      immigration benefits.
3. Evidence: Provide things like joint bank accounts, shared bills, photos together, and statements from friends and family.
4. Common Law Marriage: In some cases, common law marriages may be recognized. Consult with a lawyer if this applies to you.
5. Widow(er)s: If your U.S. citizen spouse has passed away, you may still be eligible under certain conditions.

Stepchildren and Age Requirements

For stepchildren applying for the Keeping Families Together program:

1. Age Limit: You must have been under 21 and unmarried on June 17, 2024.
2. Parent's Marriage: Your parent must have married your U.S. citizen stepparent  before your 18th birthday.
3. Relationship Evidence: You'll need to prove the relationship between you, your parent, and your stepparent.
4. Individual Applications: Remember, each stepchild needs to file their own      application.

Understanding the Continuous Presence Requirement

For spouses applying for the Keeping Families Together program, you must show you've been in the U.S. since June 17, 2014. For stepchildren, it's since June 17, 2024. 

Here's what you need to know:

1. Types of Evidence: You can use things like tax records, school records, medical records, bills, bank statements, and even affidavits from community members.
2. Gaps in Documentation: Don't worry if you can't account for every single day. USCIS will look at the overall picture of your presence.
3. Brief Trips: Short trips outside the U.S. before June 17, 2024, might be okay if they were for a good reason and you came back quickly.
4. Importance of Consistency: Make sure the dates on your documents match the information you provide in your application.

Dealing with Criminal History

Having a criminal record doesn't automatically disqualify you from the Keeping Families Together program. 

Here's what you need to know:

1. Disqualifying Crimes: Felonies and certain serious misdemeanors will make you ineligible.
2. Minor Offenses: For less serious crimes, you might still be eligible, but you'll need to show you've changed for the better.
3. What to Provide: If you have any criminal history, provide court records, proof  that you completed your sentence, and evidence of rehabilitation.
4. Be Honest: Always be truthful about your criminal history. Hiding information can lead to serious consequences.

Employment Authorization After Parole in Place

Once you're granted parole under the new Biden law for undocumented spouses of U.S. citizens, you can apply for work authorization. 

Here's how:

1. Form I-765: You'll need to file this form to request employment authorization.
2. Timing: You can only apply after your parole in place is approved.
3. Fee: The current fee for Form I-765 is $470 if filed online or $520 if filed by mail.
4. Processing Time: It may take several months to receive your work permit.
5. Validity: Your work permit will usually be valid for the same period as your parole. However, you may also file your work permit as part of your green card application.

Path to Green Card After Parole in Place

While the Keeping Families Together program doesn't automatically give you a green card, it can make it easier to get one. 

Here's what you need to know:

1. Form I-130: Your U.S. citizen spouse or stepparent will need to file this form for you if they haven't already.
2. Form I-485: This is the application to adjust your status to permanent resident (green card holder).
3. Timing: You can file these forms after you're granted parole in place. You must  file them within three years.
4. Requirements: You'll need to meet other eligibility criteria for a green card, including being admissible to the U.S.
5. Potential Waivers: You might need to file for waivers if you have certain inadmissibility issues.

How to Apply for Keeping Families Together

1. File Form I-131F online (available starting today, August 19, 2024)
2. Pay the I-131F filing fee of $580
3. Provide documents to prove your eligibility
4. Attend a biometrics appointment (fingerprints and photo)
5. Wait for USCIS to decide on your case

Required Documents:

• Proof of identity (passport, birth certificate, etc.)
• Evidence of continuous presence in the U.S. (bills, school records, tax forms)
• Marriage certificate (for spouses) or birth certificate (for stepchildren)
• Proof of your spouse's or stepparent's U.S. citizenship
• Criminal records (if applicable) and evidence of rehabilitation

If you have a removal order, you can still apply for the Keeping Families Together program, but it's more challenging. 

Here's what you need to know:

1. Presumption of Ineligibility: Having a removal order creates a presumption that you're not eligible, but you can overcome this.
2. Evidence Needed: You'll need to provide strong evidence of why you deserve a favorable exercise of discretion. 

This could include: 

• Family ties in the U.S.
• Length of time in the U.S.
• Hardship to your family if you're removed
• Community involvement
• Good  moral character

1. Legal Help: If you have a removal order, it's especially important to work with  one of the best immigration law firms in Phoenix.
2. Be Prepared: If your parole is granted, you may need to work with ICE to reopen and terminate your removal proceedings.

DACA and TPS Holders

If you currently have DACA or TPS, you might still be eligible for the Keeping Families Together program. 

Here's what you should know:

1. Eligibility: You can apply if you're currently in the U.S. without admission or parole and meet other criteria.
2. Status Change: If you're granted parole under this new Biden immigration program, it may affect your DACA or TPS status.
3. Work Authorization: You may be able to apply for a new work permit based on your parole status.
4. Consult a Lawyer: An experienced immigration attorney can help you understand how this program interacts with your current status.

Public Charge Considerations

The "public charge" rule doesn't apply to parole in place applications, but it's still important to understand:

1. Parole Application: For the Keeping Families Together application, you don't need to prove you won't become a public charge.
2. Future Green Card Application: If you later apply for a green card, the public charge rule may apply then.
3. Financial Planning: It's a good idea to start planning for financial self-sufficiency now.
4. Seek Advice: An immigration lawyer can help you understand how using public benefits might affect future applications.

Why the I-131F Filing Fee Matters

The I-131F filing fee of $580 is an important part of the application process:

1. No Fee Waivers: Unlike some other immigration applications, there are no fee waivers for this program.
2. Separate Fees: Each family member applying needs to pay their fee.
3. Additional Costs: Be prepared for other potential costs, like the work permit  application fee.
4. Investment in Your Future: While the fee may seem high, consider it an investment in your ability to live and work legally in the U.S.

Understanding the Discretionary Nature of Parole in Place

It's crucial to understand that the Keeping Families Together program is discretionary. 

This means:

1. Case-by-Case Basis: USCIS will look at each application individually.
2. Weighing Factors: They'll consider both positive and negative aspects of your case.
3. Importance of Evidence: The more positive evidence you can provide, the better your chances.
4. No Guarantees: Even if you meet all the basic requirements, approval isn't automatic.
5. Legal Expertise Matters: This is where having one of the best immigration law firms in Phoenix on your side can make a big difference.

Positive Factors to Highlight in Your Application

When applying for the Keeping Families Together program, it's important to showcase positive aspects of your life in the U.S. 

These might include:

1. Family Ties: Strong relationships with U.S. citizen or permanent resident family members.
2. Length of Residence: The longer you've been in the U.S., the better.
3. Community Involvement: Volunteer work, church participation, or other community activities.
4. Employment History: Steady work history and paying taxes.
5. Education: Pursuit of education or training in the U.S.
6. Good Moral Character: Lack of criminal history or evidence of rehabilitation if  there is a history.
7. Hardship:  Any extreme hardship your U.S. citizen spouse or children would face if  you were removed.

Dealing with Requests for Evidence (RFE)

After you apply for the Keeping Families Together parole in place, USCIS might ask for more information. 

Here's what you need to know:

1. Don't Panic: An RFE doesn't mean your application will be denied. It's a chance to provide more information.
2. Act Quickly: You'll have a limited time to respond. Don't delay.
3. Be Thorough: Provide all the information requested, and maybe even more if it strengthens your case.
4. Seek Help: This is a crucial moment where having an experienced immigration lawyer can be invaluable.
5. Follow Instructions: Make sure to follow all USCIS instructions for responding to the RFE exactly.

Employment Opportunities After Parole

Once you're granted parole under this new Biden immigration program, you can apply for work authorization. 

Here's what that means:

1. Legal Work: You can work legally for any employer in the U.S.
2. Social Security Number: You can apply for a Social Security number.
3. Driver's License: In most states, you'll be eligible for a driver's license.
4. Career Advancement: You can pursue better job opportunities or even start your own business.
5. Benefits: You may be eligible for certain employment benefits.

Maintaining Your Parole Status

After you're granted parole under the Keeping Families Together program, it's crucial to maintain your status:

1. Obey Laws: Any criminal activity could jeopardize your status.
2. Stay in the U.S.: Leaving the country will terminate your parole unless you      have Advance Parole.
3. Report Changes: Inform USCIS of any change in address within 10 days.
4. Valid for Only Three Years: Be aware of when your parole period ends and plan accordingly.
5. Plan for the Future: Start thinking about adjusting status to permanent residency.

Why You Need to Act Fast

1. The program started today, August 19, 2024
2. High demand may lead to longer processing times
3. The program could face legal challenges or policy changes that can terminate the program soon
4. Earlier applicants may benefit from shorter processing times

Why You Need a Lawyer

Applying for the Keeping Families Together program is complex. There are numerous rules to follow and documents to prepare. That's why you need help from one of the best immigration law firms in Phoenix - Alcaraz Tocchini - Immigration Lawyers.

Why Choose Alcaraz Tocchini - Immigration Lawyer

1. The lawyer leading our team for the Biden Immigration Keeping Families Together Program, Mrs. Lilia Alcaraz, has been certified as a specialist in immigration law by the California Board of Legal Specialization.
2. We're trained about the new Biden immigration program.
3. Our lawyers have over 20 years of experience each.
4. Recognized as one of the best immigration law firms in Phoenix.
5. Our lawyers speak Spanish and English – it’s not just the staff.
6. Comprehensive understanding of family and employment-based immigration
7. We've helped change immigration laws before. For example, we helped change the law for family-based immigration law regarding CSPA.
8. We’re modern lawyers who use technology to help clients around the world.

Crucial Information About Keeping Families Together

1. Criminal History: Certain crimes may disqualify you, but minor offenses might be overcome with evidence of rehabilitation.
2. Removal Orders: You can still apply with a removal order, but it creates a      presumption of ineligibility that must be overcome.
3. Travel Restrictions: Your status will be terminated if you leave the U.S. after      receiving parole. Consult a lawyer before any international travel.
4. Employment  Authorization: After receiving parole, you can apply for a work permit to legally work in the U.S.
5. Path to Green Card in the U.S. While parole in place doesn't guarantee a green card, it removes a significant barrier to status adjustment. This means you won’t have to exit the U.S. to get your green card. 
6. Individual Applications: Each eligible family member must file a separate      application.
7. Continuous Presence: You must demonstrate continuous presence in the U.S. for the required period. Brief trips may be permissible in some cases.
8. DACA and TPS: Current DACA recipients or TPS beneficiaries may be eligible if they meet other criteria.
9. Public Charge: While not applicable to the parole request, public charge      considerations may apply to future green card applications.
10. Tax Compliance: Demonstrating tax compliance can strengthen your application.
11. I-601A Provisional Waivers: If you have a pending I-601A, you can still apply for Keeping Families Together. If granted parole, you may become eligible for adjustment of status without needing the waiver, and you can process your  green card application within the U.S.
12. Biometrics and Background Checks: USCIS will conduct thorough background checks. Be prepared to provide fingerprints, photos, and signatures.
13. Discretionary Decision: Parole in place is granted on a case-by-case basis. USCIS will consider all positive and negative factors in your case.
14. Marriage Requirements: Your marriage must be legally valid and not entered into solely for immigration benefits. Be prepared to provide evidence of a bona fide marriage.
15. Stepchild Age Requirements: Stepchildren must have been under 21 and unmarried as of June 17, 2024, and their parent's marriage to the U.S. citizen must have occurred before their 18th birthday.

Frequently Asked Questions About Keeping Families Together

Q: What is parole in place? 

A: Parole in place is a discretionary measure that allows certain individuals to remain in the U.S. legally for a specific period. It's a key component of the new Biden immigration program.

Q: How much does it cost to apply for Keeping Families Together? 

A: The I-131F filing fee is $580. There are no fee waivers available for this program.

Q: Can I work if my parole in place is approved? 

A: Yes, you can apply for a work permit after your parole in place is approved. This involves filing Form I-765 and paying an additional fee.

Q: What if I have a criminal record? 

A: Some crimes may disqualify you, while others may create a presumption of ineligibility that can be overcome. It's crucial to consult with an experienced immigration lawyer about your specific case.

Q: How long does the Keeping Families Together process take? 

A: Processing times are unknown, as this program is new. That's why it's important to apply early with the help of one of the best immigration law firms in Phoenix.

Q: Can I include my children in my application? 

A: No, each eligible family member must file a separate application for parole.

Q: What happens if my application is denied? 

A: If your application is denied, USCIS generally won't initiate removal proceedings unless you're considered a threat to public safety or national security. However, you may return to your previous immigration status, if any.

Q: Can I travel outside the U.S. while my application is pending? 

A: It's strongly advised not to travel outside the U.S. while your application is pending or after receiving parole, as this could terminate your parole status.

Steps to Take Now

1. Contact Alcaraz Tocchini - Immigration Lawyers: Schedule an intake or strategy session to discuss your case.
2. Gather Documents: Start collecting evidence of your presence in the U.S., your relationship with your U.S. citizen spouse or stepparent, and any other relevant documentation.
3. Prepare Your Story: Be ready to explain your ties to the U.S. and why you deserve a favorable exercise of discretion.
4. Stay Informed: Keep up with the latest updates on the Keeping Families Together program.
5. Plan for the Future: Consider your long-term goals in the U.S., including filing for a green card.

Why Act Now on Keeping Families Together

The opportunity presented by this new Biden law for undocumented spouses of U.S. citizens is significant, but it may not last forever:

1. Limited Window: The program could face legal challenges or policy changes that may end the program soon. If you qualify and the program ends, you will continue to have the right to process your green card application from within the U.S. 
2. Processing Times: As more people apply, processing times could increase.
3. Peace of Mind: The sooner you apply, the sooner you can stop worrying about your status.
4. Work Legally: Getting work authorization can open up new opportunities for you and your family.
5. Family Unity: This program helps keep families together, which is priceless.

Don't Let This Opportunity Slip Away

The Keeping Families Together program offers a chance for hundreds of thousands of families to stay together in the U.S. legally. But remember, this opportunity might not last forever. Contact Alcaraz Tocchini - Immigration Lawyers today to start your journey towards legal status and a brighter future for you and your family.

Why Choose Alcaraz Tocchini - Immigration Lawyers?

As one of the best immigration law firms in Phoenix, we offer:

1. Specialized Expertise: Ms. Lilia Alcaraz leads our immigration team on the new Biden Immigration Policy. Ms. Alcaraz has been certified as a specialist in immigration and nationality law by the State Bar of California.
2. Licensed in Arizona and California: Our attorneys are licensed by the State Bar of Arizona. They represent clients virtually throughout the world using advanced technology. Proven Track Record: We've successfully handled complex immigration cases and even helped change immigration laws.
3. Top Law Schools: Each attorney attended a top U.S. law school. 
4. Expertise in the Latest Immigration News Today: Our team stays updated on all new immigration laws and policies, ensuring you receive the most current advice. Each of our attorneys has over 20 years of experience.
5. Comprehensive Services: From family-based petitions to employment visas, we are knowledgeable in all aspects of immigration law.
6. Personalized Approach: We understand that every case is unique and tailor our strategies to your specific situation.
7. Bilingual Support: Our Spanish-speaking lawyers ensure clear communication throughout your case.
8. Strategic Planning: We don't just help with your parole application; we plan for your long-term immigration journey, including obtaining a work authorization, green card, U.S. naturalization, and sponsorship of family members. 
9. Community Involvement: We're deeply connected to the immigrant community in Phoenix and throughout Arizona. Ms. Alcaraz is Mexican and grew up in an immigrant community in Tucson, Arizona, where her parents remain today.
10. Prompt Action: We understand the urgency of your situation and work efficiently to file your application as soon as possible.
11. Local  Knowledge: As an Arizona-based firm, we understand the specific challenges faced by immigrants in Arizona.

By acting now and partnering with one of the best immigration law firms in Phoenix, you're taking a crucial step towards securing your future in the United States. Don't let this chance slip away.