CLEVELAND, OHIO — A battle is brewing in Tremont — reflective of the tension between the old guard and the new wave of artists, entrepreneurs, and innovators that have revitalized the community to be the envy of urban neighborhoods around the country.
Renowned local tattoo artist, Chis Delaroso, has invested heavily in his dream of opening a body art/tattoo studio in the street-level, commercially zoned rental space in Tremont’s historic Lemko Hall at 2335 West 11 Street. The specific location of the studio is crucial, as zoning compliance depends on the site’s proximity to residential and other regulated uses.
When asked why Tremont, Chris says that “It’s the perfect place! It’s Cleveland’s center for artists and creatives, and that’s where I am meant to practice my art.” The project is a proposed development within the building, subject to city and county zoning and planning review.
After being approved by the City of Cleveland, and investing close to $10,000, that dream is about to be erased: due to errors by the City of Cleveland and opposition by Lemko Hall Condominium Association.
First, the City of Cleveland approved his zoning application in March, 2025. The city had previously adopted zoning ordinances that regulate the location and operation of businesses like tattoo studios. Based on this approval, he signed a 2 year lease with Cleveland Property Rental, which is owned by Dr. Kimberly Chen, a respected Cleveland-based physician.
After the City’s approval, Chris spent close to $10,000 in renovations, equipment and furnishings for the West 11th studio. See embeded pictures of this beautiful, welcoming space. As required by the zoning application process, a map of the site was submitted, showing the layout and intended use. No work or business operations were allowed to advance before the necessary permits were granted, in accordance with city and county regulations.
The relevant city department, such as the planning or zoning department, is responsible for reviewing and processing such applications. Fees are generally required for obtaining permits and variances for businesses like tattoo studios.
However, the City rescinded its earlier zoning approval, and now states that the tattoo parlor is prohibited from operating without a zoning variance (due to being within 1,000 feet of residential and similar business). The city’s official determination cited zoning compliance concerns. The line between reasonable regulation and unconstitutional restriction is often at issue in such cases.
Chris and Dr. Chen, both clients of the Herman Legal Group, filed for a use variance with the Cleveland’s Board of Zoning Appeals. Developers proposing new projects in Tremont must comply with zoning and planning regulations, and projects must be carefully planned to comply with local regulations. The preliminary development plan generally includes site maps and descriptions of intended uses.
The public hearing is set for Monday, June 30, 2025 at 9:30 am
Cleveland Board of Zoning Appeals, 601 Lakeside Avenue, Room 516, Cleveland, Ohio (Calendar No. 25-096).
The public may choose to participate by WebEx by calling the Board at 216.664.2580 or emailing them at boardofzoningappeals@clevelandohio.gov.
However, even a bigger obstacles for Chris and Dr. Chen, is that the Lemko Hall Condominium Association opposes the opening of the tattoo studio, claiming that the condo regulations, which expressly prohibits pornography shops, massage parlors, bars, and pawn shops, also restricts the street-level Commercial Units owners from renting to any business it feels “is not consistent with the residential character of the condominium.” The subject of the dispute is the compatibility of the tattoo studio with the building’s residential character.
The Board’s claim is not supported by law or by the regulations of the Condominium Association.
Nor is the Board’s claim based on accurate information. Sadly, many people still clink to the tired, old stereotypes of tattoo shops from 30 years ago, as unclean, attracting undesirables, and a blight/nuisance in the buildings they inhabit.
This of course is the exact opposite of the body art/tattoo studio industry of today.
The tattoo art industry in the U.S. has grown to nearly $900,000,000 in revenue in 2024. Tattoo studios often seek to expand into new locations but face challenges due to zoning restrictions. The modern tattoo industry serves a diverse range of persons from all walks of life.
Again, the NEW body art/tattoo studio industry is not reflective the OLD image of seedy tattoo parlors of the past. The new industry, particularly as practiced by Mr. De La Rosa, is just as likely to provide custom body art to someone in their 20s, as to their parents or even grandparents. The acceptance and prevalence of tattoos can be seen daily as you walk down the street, stop at the workplace water cooler, or attend church service.
The Lemko Hall Board has made its decision to stop Chris from pursing his dream at 2335 West 11th without input from him nor Dr. Chen. Decisions about land use and business operations are typically made collectively, and not by a single board, to decide what is best for the community. Neighbors also play a significant role in influencing zoning decisions and regulatory outcomes.
Chris invited the President of Lemko Hall, to visit his studio to provide an opportunity to learn more about his amazing art work, how he schedules clients and runs his business, and how he intends to be a great neighbor and asset to the community.
The Board President declined.
Dr. Chen has clearly stated that she would never rent to a tenant who she believes would compromise the health and safety of the public, including the tenants at Lemko Hall. As an immigrant from Taiwan, coming from an entrepreneurial family who lived in residential buildings but rented to businesses on the lower floors in Taipei, Dr. Chen respects and values the symbiotic relationship between entrepreneurs and the buildings and neighborhoods they are located in. The owner’s legal rights and responsibilities under zoning and HOA regulations are central to this dispute.
In fact, this is the history of immigrant-owned businesses in Tremont dating back over 100 years: residents living above street-level businesses.
Mr. Delarosa’s studio is first rate and serves as an enhancement of the building. Please see the attached photos, which indicates the pride and professionalism that he has in his craft. The site is subject to ongoing zoning and planning review.
His studio would not act as a disruption to the building, would not change the external visual aesthetics of the building, would not generate noise or parking problems, or odors, and would not compromise public safety. The value of parks as part of the neighborhood’s facilities is also an important consideration in urban amenities.
His business bears no resemblance of the traditional tattoo parlors of 30 years ago — places to go after the bars close, to get quick art.
His designs are custom made, that often take many hours to create BEFORE the client arrives for a scheduled appointment.
Nothing about this proposed business would be inconsistent with the normal commercial activity of the neighborhood. It would add value to not only the neighborhood but also to Lemko Hall. The importance of public and private facilities, such as parks and schools, is recognized in urban planning, and the placement of different types of businesses in various locations is key to a well-organized neighborhood.
“Lemko Hall, while benefiting from Tremont’s global reputation as Cleveland’s center for artists and creatives, seeks to block local tattoo artist and entrepreneur from opening up his studio,” Says Attorney Richard T. Herman
It is also important to point out work that Mr. De La Rosa and other tattoo artists play in helping “heal” those who are suffering with disfigurements. I encourage you to research the role of micropigmentation work with vitiligo and mastectomy clients, as well as prosthesis reconstruction.
In our zoning hearing for Monday, the applicants will also remind the Board of the First Amendment protections that Mr. De La Rosa and Dr. Chen enjoy relating to an arbitrary ban on constitutionally protected artistic and symbolic speech. Legal grounds for challenging or denying business operations under zoning laws will be discussed, and similar regulations apply to other uses, such as schools, which also require permits and compliance.
It is no exaggeration to say that tattooing is among our most ancient art forms, dating back thousands of years.
Tattoos are a unique means of communicating. There is literally no alternative to tattoos as a means of making a permanent and personal commitment to the expression or concept portrayed by a tattoo. As symbolic speech, there is no equivalent to the statement made by a tattoo.
A peace symbol, a lover’s name, a dead child’s name or image, a cross or other religious symbol tattooed on a person’s body for display to the world or as a private remembrance is both personal and permanent.
The very indelibility of a tattooed symbol makes a statement that can not be made by another means.
Many tattoos are intended to make a specific statement, and arbitrary governmental efforts to curtail that expression will violate the First Amendment. The city’s interest in protecting public health and safety through zoning regulations must be balanced with constitutional rights, and such restrictions should be limited in scope to avoid overreaching.
In modern Japan, tattoo artists are addressed by a word that translates somewhat along the lines of “maestro.”
Chris is a “maestro.” He deserves the opportunity to practice his art in Tremont at Lemko Hall.
Chris and Dr. Chen are available to discuss their case. An official letter was sent by the city regarding the status of the zoning application. The need for strategic planning is clear, and having a comprehensive plan for land use and business development is essential for the community.
Lemko Hall stands as a historic landmark in the heart of the city, uniquely positioned at the crossroads of residential areas and a vibrant mix of commercial uses. The building itself is surrounded by a diverse array of businesses, from pawn shops to tattoo parlors and even medical marijuana dispensaries, reflecting the city ordinance’s intention to foster a dynamic, mixed-use neighborhood. While the city staff has worked diligently to promote the area as a hub for creativity and commerce, the city ordinance also imposes important restrictions on what types of businesses can exist within its boundaries. These rules are designed to balance the interests of property owners, businesses, and residents, ensuring that public health and safety remain a top priority. As a result, certain commercial ventures require special exceptions to operate, especially when they are located close to residential areas. Despite these efforts to create a thriving neighborhood, some owners remain concerned about the potential impact of new businesses on the community’s character and well-being. This ongoing tension between growth and regulation is at the heart of the current debate over Lemko Hall’s future.
The seeds of conflict were sown when the Board at HOA, through its president, voiced strong objections to the proposed development of a new tattoo parlor within Lemko Hall. His concern centered on the belief that such a business would disrupt the building’s residential character. The HOA regulatiosn specifically prohibit such businesses as porno shops, massage parlors, and bars, but is silent as to tattoo studios.
The attorney representing the HOA has stated that commercial units are to be treated as residential units. However, this is not an accurate statement. The HOA regs clearly differentiate commercial units from residential: commerical are on the first floor, street level, and used for commerce; residenital are those units on the second and third floor, but can be used for business, if permitted by the city zoning laws.
Notwithstanding the HOA’s absurd position, the HOA does have jurisdiction to object to a business operating out of a residential unit if it interfere’s with the residential character of the building — which makes sense; but the HOA does NOT have the authority to selectively pick and choose which businesses it “likes” or make determinations if it interferes with the residential character of the building, if the business operates out of the first floor, commerical units zoned for regular commerce.
The controversy over the tattoo parlor in Lemko Hall has far-reaching social and cultural implications, reflecting broader debates about the role of government in regulating business and personal expression. At the same time, the case has sparked conversations about the effectiveness of existing zoning laws and the need for more inclusive planning strategies that reflect the changing attitudes toward tattoos and the businesses that provide them. As tattoos become increasingly recognized as a legitimate form of artistic expression, the city’s efforts to promote a vibrant and diverse neighborhood are more important than ever. The situation at Lemko Hall serves as a powerful example of the complexities involved in land use and development, and the ongoing need for thoughtful, balanced regulations that support both community values and creative enterprise.
On 9/25/2024, USCIS issued new guidance on calculating ages under the Child Status Protection Act (CSPA) for noncitizens who will miss the “sought to acquire” requirements due to extraordinary circumstances.
This update explains the CSPA age determination when circumstances prevent applicants from meeting the original timeline for obtaining lawful permanent resident (LPR) status.
The CSPA was created to prevent certain child beneficiaries from “aging out” due to delays in the process. Under the Immigration and Nationality Act (INA) an unmarried person under 21 is considered a child. But children can lose eligibility if they turn 21 during the process.
The CSPA helps by determining and ‘freezing’ a child’s age at specific points, such as when a relevant immigration form is filed, allowing certain children under the age of 21 to retain their status.
For family-based, employment-based and diversity visa categories the CSPA provides a calculation to retain child status based on visa availability dates. Generally applicants must take steps to obtain LPR status within one year of a visa becoming available.
The Child Status Protection Act (CSPA) prevents children of immigrants from “aging out” or losing eligibility because they turn 21 before their process is complete.
For immigration purposes, maintaining eligibility under the CSPA involves meeting the “sought to acquire” requirement within one year of visa availability by taking steps such as filing for adjustment of status or paying fees.
But the new guidance covers scenarios where extraordinary circumstances prevented those actions and allows applicants to keep their CSPA protected status under certain conditions.
Key Factors:
Example Situations:
When an applicant shows extraordinary circumstances USCIS may allow an adjusted CSPA age calculation based on the original visa availability date.
Visa retrogression where the visa availability moves backward often limits when applicants can file for adjustment of status. When visas retrogress in a specific preference category, an applicant may lose access to a visa that was once available and can break the continuous 1-year timeframe required by the CSPA.
In those cases, USCIS allows a new 1-year period to start from the next time the visa becomes available. The applicant’s CSPA age will then be calculated based on that new visa availability date.
New Guidance
The new guidance covers scenarios where:
In those cases USCIS may:
Additional Changes to USCIS Policy Manual:
This guidance brings clarity and consistency to CSPA age calculations in tricky situations so that:
Changes
USCIS Policy Manual, Volume 7, Part A, Chapter 7 now has:
See the updated sections of the USCIS Policy Manual, Volume 7: Adjustment of Status for more information.
The Child Status Protection Act (CSPA) was enacted to help noncitizen children who would “age out” of certain visa categories by turning 21. CSPA provides age calculation methods to protect qualifying children who would otherwise lose eligibility. This page explains CSPA’s purpose, scope and requirements.
1. Child Status Protection Act (CSPA) Purpose
CSPA is to prevent children from losing visa eligibility due to delays. A “child” under U.S. immigration law means an unmarried person under 21. CSPA does not change this definition but provides age calculation rules to help applicants qualify for a visa and remain a “child” even if they turn 21 while waiting. This is crucial for maintaining their eligibility for permanent residency under the CSPA.
2. CSPA Eligibility
CSPA applies to:
Each has its own CSPA rules.
3. Key Dates and CSPA Effective Date
CSPA became effective August 6, 2002. To qualify for CSPA, the underlying form or adjustment application must have been filed or pending on or after this date.
Special provisions:
4. How CSPA Age is Calculated
CSPA age calculation varies by category. Here’s how it works for each:
Immediate Relatives and VAWA Self-Petitioners
Family and Employment-Based Preference & Diversity Visa
Derivative Refugees and Asylees
Age Freezes on Filing Date: For refugees, age freezes on the filing date of the Form I-590 (date of parent’s interview); for asylees, age freezes on the filing date of Form I-589. Derivative asylees must remain unmarried to qualify for CSPA under INA 209.
K-2 and K-4 Visa Holders
Limited CSPA Protection: CSPA does not cover K-2 and K-4 visas directly but K-2 and K-4 applicants can use CSPA if a U.S. citizen stepparent files a Form I-130 on their behalf before they turn 21.
5. “Sought to Acquire”
To benefit from CSPA as a family preference, employment preference or DV applicant, you must “seek to acquire” lawful permanent residence within 1 year of visa availability.
Ways to meet this requirement:
Special Note: If you miss the 1-year deadline, USCIS may excuse this if you can show extraordinary circumstances beyond your control.
6. Exceptions and Extraordinary Circumstances
If you miss the “sought to acquire” 1-year deadline, you may still benefit from CSPA if you can show extraordinary circumstances that prevented timely filing, including:
These must be beyond the applicant’s control and justify the delay.
7. Special Cases and Examples
Changes Due to Petitioner’s Naturalization
If a lawful permanent resident (LPR) petitions a child and the LPR becomes a U.S. citizen, the petition’s classification changes.
Here’s what you need to know:
LPR Parent’s Child Becomes Immediate Relative:
If an LPR parent becomes a U.S. citizen before the child turns 21, the child’s age is frozen at that date and they can qualify as an immediate relative without aging out.
Opting Out of Automatic Conversion:
If an unmarried son or daughter of an LPR (F2B category) wants to stay in F2B instead of switching to F1 (unmarried son or daughter of a U.S. citizen), they can opt out if the wait times are shorter. A signed letter with personal details should be sent to the USCIS office that approved the petition.
Navigating the application process for the Child Status Protection Act (CSPA) involves several critical steps and requirements. To qualify for CSPA benefits, applicants must be derivative beneficiaries of family-based or employment-based immigrant visa petitions, or derivative refugees or asylees.
Additionally, they must have a pending or approved immigrant visa petition and be actively seeking to adjust status to lawful permanent resident.
To initiate the process, applicants need to submit Form I-485, Application to Register Permanent Residence or Adjust Status, along with the required filing fee.
Supporting documentation, such as a copy of the applicant’s birth certificate, passport, and the immigrant visa petition, must also be provided to substantiate the application.
A crucial aspect of the application is demonstrating that the applicant has sought to acquire lawful permanent resident status within one year of their priority date becoming current.
This can be achieved by filing an adjustment of status application or submitting a written request to transfer the underlying basis of the adjustment of status application.
Meeting this requirement is essential to securing CSPA benefits and ensuring the applicant’s age is calculated favorably under the act.
In certain situations, applicants may face challenges that prevent them from meeting the sought to acquire requirement within the stipulated timeframe.
These extraordinary circumstances can include serious illness, natural disasters, or legal errors that hinder the applicant’s ability to take the necessary steps towards seeking lawful permanent resident status.
USCIS evaluates claims of extraordinary circumstances on a case-by-case basis, considering the specific facts and context of each situation.
Applicants must provide comprehensive documentation to support their claims, such as medical records, evidence of natural disasters, or proof of legal errors.
If USCIS determines that the applicant’s failure to meet the sought to acquire requirement was due to extraordinary circumstances, the applicant may still be eligible for CSPA benefits.
In such cases, the applicant’s CSPA age will be calculated based on the original visa availability date, rather than the date the visa became available after the extraordinary circumstances had passed. This adjustment ensures that applicants are not unfairly penalized for delays beyond their control.
In February 2023, USCIS released major updates to its CSPA guidance and how age is calculated for noncitizen children seeking to adjust status. The announcement clarifies when a visa “becomes available”, a key point in CSPA eligibility.
This is a big step in helping applicants who are at risk of “aging out” due to long processing times. Here’s the breakdown, what’s changed and who’s affected.
February 2023 Policy Update Highlights
In February 2023, USCIS updated its Policy Manual to redefine when an immigrant visa is considered “available” for CSPA age calculations. The update clarifies eligibility criteria and expands the law to help more applicants avoid aging out.
Key changes include:
These changes affect individuals in preference categories (family-based and employment-based) who are at risk of aging out. By using the Dates for Filing chart for age calculations, USCIS is allowing more applicants to qualify under CSPA. This is especially good for applicants in high demand categories from countries with big backlogs like Mexico, India and the Philippines.
Example
An applicant is a dependent child on their parent’s family-sponsored visa application. Under the old policy, the child would only lock in their CSPA age when the visa was current according to the Final Action Dates chart which could be years after the Dates for Filing chart.
Now, using the Dates for Filing chart, the applicant can calculate their CSPA age based on an earlier date and potentially qualify to remain a child even if they turn 21 before the Final Action Date is current.
How to Qualify for CSPA Under the New Rules
To qualify for CSPA under the new rules, follow these steps:
Steps to Reopen Previously Denied Cases
For those whose cases were denied because they aged out, the new guidance offers an opportunity to reopen the case based on the new CSPA interpretation. Here’s how to do it:
More Resources and Links
For more information on K-1, K-2 and K-4 visa processing, see the Fiancé(e) Visas and Green Card for Fiancé(e) of U.S. Citizen pages on the USCIS website.
Summary Checklist
Make sure you understand your eligibility and CSPA protection by:
The CSPA is a tool to protect age eligibility allowing certain applicants to stay in child status beyond their 21st birthday.
The Child Status Protection Act (CSPA) is a vital piece of legislation that offers significant protections for young individuals seeking to immigrate to the United States.
Understanding the application process and requirements, as well as the criteria for evaluating extraordinary circumstances, is crucial for navigating the CSPA process and securing its benefits.
Given the complexity of the CSPA and the broader US immigration system, it is highly recommended that applicants seek the guidance of an experienced immigration attorney. Professional legal advice can help ensure eligibility for CSPA benefits and provide support throughout the application process.
Additionally, staying informed about changes to the CSPA and other immigration laws and policies is essential for maintaining eligibility and maximizing immigration benefits.
CSPA is age-out protection for certain applicants, an alternative age calculation to keep children eligible for immigrant visas or green cards despite the delay. Know the CSPA requirements, eligibility and calculations to make sure all qualifying children can benefit from this law.
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On October 10, 2024, U.S. Citizenship and Immigration Services (USCIS) released updated guidance for the International Entrepreneur Rule (IER).
This Policy Manual update clarifies changes to the financial requirements for qualifying entrepreneurs, specifically investment levels, revenue thresholds, average annualized revenue growth, and other criteria.
IER Is Not Popular
The program is not popular at all. Historical data shows an average of 19 Form I-941 applications filed annually from FY 2018-2023. The increase in minimum investment levels will not likely result in more applications being filed.
2024 Financial Criteria
To keep up with inflation, USCIS has updated the minimum capital investment and revenue levels as of October 1, 2024. These will be updated every 3 years.
The updated financial criteria are designed to ensure that only startups with substantial potential for growth and job creation qualify, emphasizing the importance of demonstrating a startup entity’s substantial potential through considerable investment from qualified U.S. investors and relevant government awards.
Initial Parole Application Criteria
To qualify for initial parole, an entrepreneur must meet the updated investment or grant requirements. For Fiscal Year 2025 (beginning October 1, 2024):
If these thresholds are not met, applicants can still qualify by providing strong evidence of their startup entity’s substantial potential for growth and job creation.
Re-Parole Criteria for Continuing Entrepreneurs
For re-parole, entrepreneurs must show that during their initial parole period, the business entity or start-up achieved one or more of the following:
Like the initial parole, entrepreneurs can still qualify for re-parole by providing additional evidence of the start-up’s impact on U.S. growth if they only meet some of these criteria.
Qualified Investor Standards:
Investors must have invested $746,571 or more in start-ups over the past 5 years, with those start-ups creating significant job creation or revenue growth
Triennial Adjustments
Every 3 years, USCIS will update the investment and revenue levels to reflect current economic data. This will impact the criteria for initial application and subsequent renewals.
Biometrics (fingerprints and photo) are required for all applicants, including family members. Collection locations vary based on the address entered in the application:
Applicants approved conditionally under the IER and living outside the U.S. will benefit from USCIS and U.S. Department of State coordination for their biometrics appointments.
This includes:
Effective Dates
October 1, 2024, new investment, revenue and funding requirements will apply to IER applications. Noncitizen entrepreneurs and their spouses and children should follow these guidelines to be compliant with the new standards.
For more information, see the Policy Alert PDF on USCIS’s website.
To demonstrate significant public benefit, entrepreneurs must show that their startup entity has the potential to create jobs, stimulate economic growth, and contribute to the overall well-being of the United States. This can be achieved by providing evidence of the startup’s potential for rapid growth and job creation, as well as its potential to make a significant impact on the U.S. economy.
Entrepreneurs can demonstrate significant public benefit by providing documentation such as:
By providing this documentation, entrepreneurs can demonstrate that their startup entity has the potential to make a significant contribution to the U.S. economy and create jobs for U.S. workers.
The International Entrepreneur Rule is designed to attract foreign entrepreneurs who can create jobs and stimulate economic growth in the United States. To be eligible for the program, entrepreneurs must demonstrate that their startup entity has the potential for rapid growth and job creation.
Entrepreneurs can demonstrate job creation and economic growth by providing evidence of the startup’s potential for revenue growth, job creation, and innovation. This can include:
By providing this documentation, entrepreneurs can demonstrate that their startup entity has the potential to create jobs and stimulate economic growth in the United States.
The International Entrepreneur Parole Program was introduced on January 17, 2017, allowing DHS to parole on a case-by-case basis foreign entrepreneurs of start-ups that can demonstrate a very significant investment and public benefit to the United States. The program aims to drive economic growth, job creation and innovation through high-growth start-ups. Key changes to the program include automatic adjustments to the investment and revenue criteria to reflect inflation and economic changes.
The International Entrepreneur Rule allows noncitizen entrepreneurs to bring their start-ups to the U.S. if they show significant potential for growth and job creation. Through a temporary status called “parole” immigrant entrepreneurs can grow their business while benefiting the U.S. economy.
Many questions arise for all dual citizens in the nation. Here are some helpful answers to all these frequently asked questions considering real-world issues.
Entrepreneurs must meet key requirements for the following to qualify under the International Entrepreneur Rule:
Definitions of Qualified Investments and Investors
The rule states that to be considered a qualified investor, an individual or entity must:
Spouses and Children
Family Members:
Entrepreneurs who are granted parole under the International Entrepreneur Rule are authorized to enter the United States for an initial parole period of up to 30 months. During this time, they are allowed to work only for the startup entity and are not eligible for employment authorization.
If an entrepreneur wishes to travel outside of the United States during their parole period, they must apply for advance parole. Advance parole is a document that allows an entrepreneur to re-enter the United States after traveling abroad.
To apply for advance parole, entrepreneurs must submit Form I-131, Application for Travel Document, to U.S. Citizenship and Immigration Services (USCIS). The application must include documentation such as a copy of the entrepreneur’s parole authorization, a copy of their passport, and evidence of their central and active role in the startup entity.
Entrepreneurs who are granted parole under the International Entrepreneur Rule are not eligible to adjust their status to a lawful permanent resident (green card) while in the United States. However, they may be eligible to apply for a different visa status, such as an H-1B or L-1 visa, if they meet the eligibility requirements for that visa.
It’s important to note that entrepreneurs who are granted parole under the International Entrepreneur Rule are not considered to be in a lawful permanent resident status, and therefore are not eligible for certain benefits, such as employment authorization for their spouses or children.
Processing Tips
To avoid delays, make sure your contact information is up to date (U.S. address, phone number and email) so you receive biometrics and travel documents notices on time.
Dallas Lockbox Facility:
For USPS:
For FedEx, UPS, or DHL:
Application Checklist: Make sure all supporting evidence, including proof of qualified investment amount, government grants, ownership documents and biometrics is complete and accurate. Missing documents can result in delays or denials.
More Resources
This guidance is designed to help international entrepreneurs take advantage of the U.S. market while meeting all necessary immigration requirements for launching and growing a U.S.-based start-up.For more information and updates on the International Entrepreneur Rule, entrepreneurs should visit:
Options for Noncitizen Entrepreneurs for long-term visa pathways after parole.On October 10, 2024, U.S. Citizenship and Immigration Services (USCIS) released updated guidance for the International Entrepreneur Rule (IER). This Policy Manual update clarifies changes to the financial requirements for qualifying entrepreneurs, specifically investment levels, revenue thresholds and other criteria.
USCIS Policy Manual for the latest policies.
USICS page on International Entrepreneur Parole
Form I-941 Information Page for application instructions and forms.
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What gets lost in all the harsh immigration rhetoric is that immigrants are the Dream-Keepers. While too many of us no longer believe in the idea that America is the land of opportunity, that anything is possible with hard work — all immigrants believe this. To their core.
By “importing” their American Dreams, immigrants remind us the Dream still exists and is open to everyone.
We need this reminder. We also need the energy, entrepreneurialism, innovation, work ethic and sometimes unrealistic optimism that immigrants bring to the American economy.
It’s important, in light of the hate and venom that the GOP is spouting that immigrants are ruining America, that Haitian immigrants are abducting pet dogs and cats in Springfield for slaughter and food, that America have a real conversation about the economic power of immigrant inclusion. The rumor about Haitian immigrants abducting pets originated from a post in a Springfield Facebook group.
Immigrants help the economy in many ways, as consumers, workers, and residents.
Here’s a fascinating comparison to native-born Americans.
Immigration policy is broken. It doesn’t fully leverage the immigrant dividend which when tapped can create millions of American jobs.
Cities like Springfield, Ohio which has lost much of its population, workforce and entrepreneurs over the decades would do well to find ways to attract, retain and welcome the new wave of immigrants to the U.S.
Ohio’s immigrant population is small. About 5%. The national average is about 14%. Cities that are the most economically competitive have foreign-born populations of over 20%. Ohio would do well to tap into the immigrant dividend.
In the 19th century Ohio’s industrial sector boomed especially after the discovery of coal. By 1853 Cleveland was the nation’s third largest producer of iron and steel.
The Ohio Oil Rush of the 1860s further fueled the state’s economy with John D. Rockefeller establishing the Standard Oil Company in Cleveland in 1870. His company would go on to dominate the U.S. oil industry by controlling 90% of the refineries and pipelines by the 1880s.
Major companies headquartered in Ohio include Fortune 500 companies like Procter & Gamble, Marathon Petroleum, Kroger, Nationwide and Cardinal Health.
But it’s only #39 for economy, according to US News Report. It’s struggling with employment growth and net migration. Job growth in Ohio is 2.0% vs the national average of 2.7
Ohio’s higher education ranking is #39. Healthcare system is #35 overall. Infrastructure is #30 in the nation.
Cities like Cleveland, Toledo, Youngstown have lost over 50% of their population over the decades.
Ohio needs new energy, entrepreneurialism, innovation and global connectivity. Immigrants and immigration law reform can help.
Ohio has a growing and diverse immigrant population that is contributing to the state’s economy and workforce. Immigrants are about 5% of Ohio’s population and an additional 5% are native-born U.S. citizens with at least one immigrant parent. These communities are key to Ohio’s success especially in fields like computer science, life sciences and social sciences.
As business owners, taxpayers and workers immigrants are part of Ohio’s vibrant communities and helping to grow and innovate.
In 2018 Ohio had 555,583 immigrants, 5% of the state’s population. This included 260,454 women, 252,902 men and 42,227 children. Many immigrants in Ohio come from diverse backgrounds, with the top countries of origin being India (11%), Mexico (8%), China (6%), Philippines (3%) and Canada (3%).
Over 532,398 native-born Ohioans have at least one immigrant parent, so immigrants are having a growing impact on the state’s demographics.
Over half of Ohio’s immigrant population has taken the opportunity to become U.S. citizens. By 2018 293,426 had naturalized and 84,885 were eligible to do so. 84% of immigrants in the state speak English “well” or “very well” and are integrating into the local communities.
Educationally Ohio’s immigrants are a highly educated group with 42% of adult immigrants having a college degree or higher in 2018 compared to 28% of native-born Ohioans. This is helping to build the state’s workforce in fields like healthcare, technology and education.
Immigrants are 6% of Ohio’s workforce with 338,637 immigrant workers in industries that are critical to the state’s economy. The largest concentrations of immigrant workers are in manufacturing (68,968), healthcare and social assistance (56,444), retail trade (37,186), educational services (33,717) and accommodation and food services (30,593).
Immigrants are concentrated in specialized fields. For example they are 14% of workers in computer and mathematical occupations and 12% in life, physical and social sciences. Immigrants are also in farming, architecture, engineering and maintenance services, so they are contributing across many sectors.
Undocumented immigrants are 17% of Ohio’s immigrant population, about 90,000 people. Between 2010 and 2014 over 115,000 Ohio residents including 50,264 U.S. citizens lived with at least one undocumented family member. Despite being undocumented these individuals are contributing to the state’s economy by paying taxes and supporting local industries.
Ohio is also home to nearly 4,000 DACA recipients. As of March 2020 3,860 were active in the DACA program and 46% of DACA eligible immigrants in Ohio had applied for the program.
These young immigrants are part of Ohio’s workforce and are contributing to the state’s economy and paying an estimated $11.9 million in state and local taxes in 2018.
Ohio’s immigrants are contributing to both state and federal tax revenues. In 2018 immigrant households paid $3.8 billion in federal taxes and $1.9 billion in state and local taxes.
Undocumented immigrants alone paid $236.1 million in federal taxes and $127.5 million in state and local taxes. These are critical to the state’s economy and fund public services and infrastructure.
In addition to being workers, many immigrants in Ohio are entrepreneurs and driving business growth across the state. In 2018 30,432 immigrant business owners generated $891.7 million in business income.
Immigrant entrepreneurs are most prominent in Ohio’s largest metropolitan areas, 18% of business owners in the Columbus metro area, 12% in Cleveland and 9% in Cincinnati.
As consumers immigrants also add billions to Ohio’s economy. In 2018 immigrant households in the state had $14 billion in spending power and are driving demand for goods and services and supporting local businesses. This consumer spending is critical to economic growth across Ohio’s industries.
A Community of Opportunity
Ohio’s immigrant community is part of the state’s economic engine. Whether as workers, entrepreneurs or taxpayers immigrants are contributing to Ohio’s success. As the state continues to evolve the growing immigrant population will be a key to its future, innovation, growth and prosperity for all.
In Springfield, Ohio thousands of Haitian immigrants have arrived in recent years and have changed the city and brought growth and challenges.
At the St. Vincent de Paul Society community center immigrants like Bansal Oreus help others with government paperwork while individuals like Rose Joseph who works at an Amazon warehouse and does seasonal tax preparation are building new lives and contributing to the local economy.
Joseph and Oreus came to Springfield by different paths. Joseph fled Haiti in 2020 and after a brief stay in Florida moved to Springfield in 2022 for job opportunities. Oreus took a longer route, traveling through Brazil, Portugal and Mexico before arriving in 2023 drawn by family and friends who had already settled in the city. “The first motivation was jobs and work opportunities” he said.
Over the past three years 15,000 Haitian immigrants have arrived in Springfield a city of 58,000. Their arrival has brought hope for economic renewal but has also put the city in the national spotlight as Springfield has become the focal point of the national conversation on immigration, economy and race.
This attention intensified when former President Donald Trump and his running mate Senator JD Vance repeated false accusations against the Haitian community, claims that city officials have been quick to deny.
Anthony Harris, at a Springfield City Commission meeting, claimed that Haitian immigrants were capturing ducks in the park and consuming them, which was part of the larger narrative of viral and debunked accusations.
After years of decline Springfield’s population is growing again but the rapid influx of immigrants has brought both good and bad. Data shows that the city’s population growth has coincided with increased demand for housing and services.
Medicaid enrollment, food assistance programs and welfare have skyrocketed while rents have gone up as more people move into the area. Car accidents have also increased including a tragic one last year when a Haitian immigrant without a U.S. driver’s license was involved in an accident with a school bus and 11 year old Aiden Clark was killed and 26 other children were injured.
Springfield City Manager Bryan Heck has been addressing rumors about criminal activities involving the immigrant community and the challenges brought on by the surge in population. Affordable housing is scarce and landlords are charging market rates due to the demand.
This has made it harder for existing residents to find affordable housing. But contrary to fears local police and officials say there has been no significant increase in violent or property crime. Wages in Springfield have gone up due to a tight labor market and new job opportunities.
At a congressional hearing Senator JD Vance read a letter from Springfield officials to Federal Reserve Chair Jerome Powell saying the city was struggling with the impact of immigration on inflation and housing costs.
But Powell responded that while there may be localized effects, overall immigration helps grow the economy and over time the markets adapt.
Despite this Powell’s response Vance and other politicians have continued to spread false information about the Haitian community. At a recent debate Trump repeated the baseless claim that Haitian immigrants were harming pets in Springfield, a claim that has been refuted by both local police and city officials.
“There have been no credible reports or specific claims of pets being harmed, injured or abused by individuals within the immigrant community” Springfield police said in a statement.
The White House has called out the spread of this misinformation saying Trump and others are using these lies to divide the country along racial lines.
Springfield’s population growth is complex and has its challenges and opportunities. Local rents went up 14.6% between 2022 and 2023, one of the highest in the country. But this year rents have slowed to 3.2%, so the market is starting to stabilize.
Meanwhile wages in the area went up over 6% annually during the Haitian immigration period, twice the national average. Wages have now slowed down as the US labor market has slowed down but the influx of immigrants has definitely filled the job openings especially in manufacturing and warehouse jobs.
While the exact number of Haitian immigrants in Springfield is unknown estimates range from 12,000 to 15,000 up from 3,500 just a few years ago. This rapid growth has caused tensions at times with public meetings becoming a platform for residents to vent and even a small white supremacist group marching through town during a recent jazz festival.
But many local leaders see the benefits of this population growth. Springfield was once an industrial powerhouse with farm equipment manufacturing but has struggled with the decline of those industries.
Today the city’s growing population is seen as the key to economic revival. “A growing population could absolutely have long term benefits” said Mayor Rob Rue who acknowledged the city is going through “a tough season” as it adjusts to the changes.
The city has many challenges including need for more police, fire and healthcare workers and services like translation for Creole speaking residents. But city officials are hopeful the city will continue to come back fueled by its growing immigrant workforce.
The Biden administration’s immigration policies including a parole program that brought in around 205,000 Haitians into the US as of August have brought people to Springfield. Many of these individuals are now working in manufacturing, warehouses and other sectors of the local economy.
Amy Donahoe, director of workforce development with the Greater Springfield Partnership said Springfield’s revival depends on these workers. “We needed a workforce” she said. “They are coming in, working hard and they want to make money.”
For Haitian immigrants like Joseph and Oreus, Springfield is a chance to start anew. Joseph who is studying social work has applied for asylum and is in the US under TPS. She shares a 2 bedroom apartment with a friend and has integrated into the community where she also helps at a Haitian cultural center.
Oreus works at a local manufacturing plant and volunteers at the St. Vincent De Paul Society helping fellow immigrants with paperwork and settling into their new lives. “I had friends here, my brother lived here so I moved to join him” Oreus said.
Springfield’s housing challenges predated the arrival of the Haitian immigrants. Years of underinvestment and lack of code enforcement left many homes vacant and in disrepair.
But there are signs of progress. New subdivisions on the outskirts of the city are almost complete and a block of downtown townhomes have already sold out. And a vacant building downtown is being converted into condos as part of a larger effort to revitalize the city center.
But despite these positive developments Springfield is still dealing with the immediate impacts of rapid growth. The city is working to address the housing, infrastructure and services strain but local leaders believe once the short term challenges are worked out the growing population will drive long term economic revival.
“We needed a workforce to fill jobs in manufacturing and distribution” said Donahoe. “They are coming in, working hard and helping to rebuild Springfield.”
The anti-immigrant hysteria in Springfield will hurt the Americans in Ohio and beyond.
Rumors that Haitian migrants in Springfield, Ohio are eating pets have gone national, from city commission meetings to the 2024 presidential campaign. But the controversy has brought to light a bigger issue: the real problems communities like Springfield face as they try to manage a large influx of immigrants.
There have also been baseless rumors about Haitian immigrants abducting local wildlife, which have been debunked by city officials.
During the last presidential debate, former President Donald Trump repeated the false claim that Haitian immigrants in Springfield were eating their neighbors’ pets. City leaders have denied this repeatedly but the rumors have only added to the ongoing debate about immigration and its impact on American towns.
Despite claims by former President Donald Trump and Ohio Senator JD Vance, officials in Springfield, Ohio have said there is no evidence to support the rumors that Haitian immigrants are kidnapping and eating pets. These baseless allegations which have gone viral online were repeated during Tuesday’s debate and have sparked a bigger conversation about immigration and how it’s being portrayed in political discourse.
During the debate Trump repeated the unverified claim, “In Springfield they’re eating the dogs — the people that came in, they’re eating the cats. They’re eating the pets of the people that live there, and this is what’s happening in our country and it’s a shame.” When debate moderator David Muir pointed out that city officials had denied this, Trump said he had seen it on TV.
Senator JD Vance, Trump’s running mate and an Ohio power broker, had already made the same claims on social media where his post on X (formerly Twitter) had over 11 million views. Vance said Haitian immigrants were “causing chaos all over Springfield” and cited reports of pets being kidnapped and eaten by people who “shouldn’t be in this country.”
The rumors started on social media and spread fast with some posts getting millions of views. One Facebook post claimed a missing cat was found hanging from a tree near a Haitian neighbor’s house. Another post said immigrants were taking geese from a local park to eat. These have been shared across social media platforms with misleading or unrelated images like a photo of a man holding a goose which has been falsely linked to Springfield.
But city officials in Springfield including spokesperson Karen Graves have denied these claims. “There have been no credible reports or specific claims of pets being harmed, injured or abused by individuals in the immigrant community,” Graves told CBS News.
Some of the images used to spread these rumors have been manipulated or taken out of context. For example the photo of a man holding a goose which has been shared widely as evidence of Haitian immigrants eating geese was taken in Columbus, Ohio by a local photographer.
The photographer who wishes to remain anonymous because he’s received threats told CBS News the photo was meant to be humorous and had nothing to do with the immigrant community. He regrets how the image is being used for political purposes especially by Vance and condemned the spread of false information.
And AI generated images have been added to the mix. One image of Trump holding two cats while running through a crowd of Black people was posted with the caption “The kittens of Springfield have only one hope” combining disinformation with racial undertones.
The effort to demonize immigrants in Springfield, Ohio is not only putting the entire community in danger but also undermining efforts to revitalize the region.
Thursday, Springfield, Ohio was on high alert after multiple facilities including City Hall received a bomb threat via email. The threat prompted the immediate evacuation of City Hall and increased security across the city as local and regional law enforcement agencies investigated.
According to the city’s statement the threatening email was sent at 8:24am local time and targeted “multiple agencies and media outlets” in Springfield. In response to the situation the city issued a closure notice for City Hall and asked residents to stay away from the area until further notice.
Springfield has about 58,000 people and is located in southwestern Ohio. It’s been in the national spotlight recently especially during a recent presidential debate between Vice President Kamala Harris and former President Donald Trump.
During the debate Trump mentioned a baseless claim that immigrants in Springfield were eating pets which has been debunked. He brought up the issue again and it reignited controversy in the city which has seen a large influx of Haitian immigrants in recent years.
City Manager Bryan Heck addressed the controversy in a statement on the city’s Facebook page on Wednesday. He’s frustrated with the misinformation and political rhetoric that’s created a false narrative about Springfield especially in this political climate.
So far no direct connection has been made to the bomb threat and the political rhetoric from the debate. Authorities are still investigating the origin of the email and the motives behind it but as of Thursday morning they don’t know which agencies or organizations were targeted.
City officials and law enforcement haven’t provided any additional information on the credibility of the threat so we’ll wait for updates on the investigation.
In the meantime stay safe and avoid the area around City Hall.
In recent years cities across the US have seen big demographic changes as immigrants are reshaping communities and nobody is paying attention. But in Springfield, Ohio it’s different.
This working class city of about 60,000 has become the focal point of a national conversation and it’s all because of false rumors and Trump’s rhetoric. During the debate he amplified the lies about Haitian immigrants who have been helping to revitalize the economy of Springfield.
Despite their contributions the rumors are spreading online and on social media and it’s creating fear and division in this predominantly white, blue collar community. At the Haitian Community Help and Support Center Rose-Thamar Joseph a local advocate said many of the city’s 15,000 Haitian immigrants are feeling unsafe. They came to Springfield for affordable housing and good jobs and now they’re facing hostility.
“Some of them are living in fear. Some are scared for their lives” Joseph said. The tensions are felt across the community as the immigrant population grows. Long time residents are complaining about the competition for jobs, rising housing costs and the strain on public services.
Despite the efforts to celebrate diversity in Springfield—seen in events like CultureFest an annual celebration of unity through cultural exchange—the misinformation is still spreading. The flag for the event is flying in downtown but the sense of unity is being undermined by the divisive and false narratives.
Melanie Flax Wilt a Republican county commissioner told local leaders to stop fear-mongering and focus on real community issues. “Once the election is over and Springfield is no longer a political talking point we’ll still be here working through these challenges and finding solutions” she said.
At the national level Haitian advocates are speaking out against the misinformation. Ariel Dominique who leads the Haitian American Foundation for Democracy laughed at the absurdity of the claims when she first heard them. But when Trump repeated them on the national stage it became more painful.
“It’s unfair, unjust and completely contrary to what we have contributed to this country” Dominique said. She and others are highlighting the positive impact Haitian immigrants have on communities across the US.
Ohio Governor Mike DeWine is trying to address the real issues in Springfield. In response to the controversy DeWine announced an expansion of an existing aid package to the city which includes more law enforcement and healthcare resources. He said the state will be with Springfield during these tough times.
In response to the growing Haitian population Ohio Governor Mike DeWine announced additional state support on Wednesday. To manage the influx of migrants DeWine is deploying Ohio State Highway Patrol troopers to Springfield and allocating $2.5 million for healthcare services in the area.
Speaking to CBS News DeWine said of the Haitian community “They came here to work because there were jobs and if you talk to employers they’ll tell you how hard they work”
Many of the Haitian immigrants living in Springfield came for safety and opportunity fleeing poverty and violence in their homeland. Since the Biden administration created new legal pathways for Haitian immigrants many have chosen to come in legally. According to recent data 92 Haitian nationals were arrested at the border in July 2024 a tiny fraction of the 56,000 border arrests overall.
The Biden administration’s recent decision to extend Temporary Protected Status (TPS) to Haitian immigrants is also a big relief. This will allow an estimated 300,000 Haitians to stay in the US with work authorization at least until February 2026 and prevent deportation to a country in crisis.
Springfield’s problems are part of a larger trend of immigration reshaping small cities across the US. According to the US Census Bureau immigration has accounted for nearly 75% of the country’s population growth over the past few years. Haitian immigrants have been a big part of revitalizing Springfield’s workforce as the local economy recovered from the pandemic.
But these successes have not been without struggles. Last year a Haitian man who had recently moved to Springfield was involved in a fatal accident that killed an 11 year old boy. The man who did not have a valid driver’s license was widely condemned. Some local politicians used the tragedy to fan anti-immigrant sentiment and further divide the community.
False information spread online including a viral post that claimed a cat had been butchered by Haitians in Springfield. The post had no evidence but it took hold in the city and was later repeated by prominent politicians.
Chris Hazel a long time Springfield resident called these claims ridiculous. “It’s like the old days when people would accuse outsiders of being cannibals. It’s about dehumanizing a community” he said.
Sophia Pierrilus daughter of a former Haitian diplomat and an advocate based in Columbus, Ohio agreed with Hazel. “They’re using Haitians as scapegoats to create chaos in America” she said.
As Springfield adjusts to its new political reality the city’s immigrant population is key to its economic future. While rumors and misinformation threaten to disrupt this balance community leaders are focused on rebuilding and addressing real issues.
Guerline Jozef executive director of the Haitian Bridge Alliance said Haitian immigrants are the reason why the economy and labor force in Springfield has been revitalized. “But many Haitians are now thinking of leaving the city because of the fear of their safety” she said.
Despite the challenges the immigrant community in Springfield is still standing and their impact on the city’s recovery is clear. Whether Springfield can weather the storm of misinformation and division remains to be seen but local leaders are moving forward together.
At a city commission meeting Richard Jordan a resident asked “Is there a cut off point for the population here? It feels like we need a ‘No Vacancy’ sign but people keep coming in. What’s the limit?”
Many Haitian residents feel they are being unfairly targeted by the misinformation. One Haitian-American resident spoke out about the misinformation “There’s a false notion that all Haitians in Springfield are illegal immigrants. That’s not true.
Many of us are US citizens, green card holders or here legally through a federal program that provides Social Security cards and employment authorization.”
In response to the growing population the federal government has given $2.5 million to improve access to medical care but Ohio Governor Mike DeWine says it’s not enough. “The federal government needs to step up. Their policies have caused this influx” DeWine said.
As the number of immigrants increases so do the concerns about the strain on resources. Healthcare facilities and schools are feeling the pinch and the city has seen a surge in traffic accidents. Some residents are worried about the city’s ability to manage the change but others point to the bigger issue of affordable housing.
Former journalist Bill Monaghan now part of the local group “Stop the Influx” said the influx of migrants has driven up rent and home prices and is displacing long time residents. “It’s getting harder for people to live here. Plus there are delays in public safety responses because of language barriers.”
Many in the community are worried about crime. FBI data shows Springfield has seen a 142% increase in violent crime from 2019 to 2022. The FBI doesn’t track crime by immigration status but this statistic has added to the anxiety in the city.
Tensions boiled over last year when 11 year old Aiden Clark was killed in a car accident caused by a Haitian migrant who was driving without a valid license
While many are sympathetic to the Clark family the tragedy has been politicized in some quarters and has fueled anti-immigrant sentiment.
At a recent city commission meeting Aiden’s father Nathan Clark asked politicians not to exploit his son’s death for political gain. “I wish my son had been killed by a 60 year old white man” Clark said. “If that were the case we wouldn’t be reminded of the worst day of our lives every time we see a political talking point.”
“Using Aiden as a political tool is, at the very least, disgusting” Clark said at the Springfield City Commission meeting on Tuesday. “My son wasn’t murdered, he was accidentally killed by an immigrant from Haiti. This tragedy has hit our community hard but spinning it into hate is wrong.”
Nathan Clark was particularly upset with the misinformation that has been spread about the Haitian community in Springfield. Some residents have claimed that immigrants have brought disease and crime to the city—claims that have been refuted by local health officials and police.
In his speech Clark pointed out the absurdity of these false claims especially the one about immigrants eating pets which Trump has repeated despite no evidence.
“They can spew all the hate they want about illegal immigrants, the border crisis and untrue claims about fluffy pets being ravaged and eaten” Clark said but he drew the line at his son’s death being used for political purposes.
Clark’s comments were in response to Vance and Trump who have made Springfield a talking point in their broader criticism of the Biden administration’s immigration policies. While the immigrants in Springfield are here legally politicians like Vance are using the city as an example of the consequences of open borders.
The complexities of immigration, employment and social integration in Springfield can’t be reduced to a political soundbite. Some use the situation to scaremonger others recognize the economic and cultural contributions of the immigrant community. As Springfield adjusts to its changing demographics the resilience and hard work of the Haitian migrants will be at the heart of the city’s story.
Nathan and Danielle both teachers are determined to honor Aiden’s memory in a way that is true to his values of kindness and inclusivity. “Aiden studied different cultures and accepted everyone” Nathan said.
They will continue to honor his legacy by not buying into the hate being peddled in his name. Danielle held up a red T-shirt with #LiveLikeAiden during the meeting to show their commitment to carrying on Aiden’s spirit of love and acceptance.
“We have problems here in Springfield and in the US” Nathan Clark said. “But does Aiden Clark have anything to do with that?” he asked. “Can we not politicize his death?” As the Clarks left the meeting the audience applauded their bravery and compassion.
In his closing remarks Nathan Clark issued one final challenge to those who had used his son’s name: “I will listen to them one more time to hear their apologies”. Whether those apologies will come we will see but the Clarks message was clear—Aiden’s memory deserves respect not exploitation.
Haitian immigrants in Springfield are here legally under federal programs that provide temporary protected status (TPS). Last month the Biden administration granted TPS to approximately 300,000 Haitians already in the US, protecting them from deportation due to the violence and instability in Haiti.
Despite this many Springfield residents are not convinced. Some have told reporters they no longer trust the city and are thinking of leaving the area due to the rising tensions and frustration with city government.
As Springfield deals with the fallout of its growing Haitian migrant population it must find ways to address the practicalities of resource allocation and the social tensions that have arisen. For many the influx of immigrants is an opportunity for economic growth and cultural diversity. For others it’s too much to manage.
Will Springfield be able to navigate this without resorting to divisive rhetoric? The city’s leaders and residents will have to work together to make sure Springfield can continue to thrive while embracing its new identity.
Despite the corrections the misinformation about the Haitian community has done real harm. One migrant told CBS News “We work hard every day to better ourselves. When we better ourselves the neighborhood better and the whole city gets better” they said. The immigrant community is committed to Springfield’s future.
Springfield was once a manufacturing hub but has seen its fortunes decline over the past few decades. Since 2000 the number of manufacturing jobs in the city has decreased by almost 50% from 13,000 to 7,000 in 2024 according to the Bureau of Labor Statistics.
Many locals left the workforce during the pandemic and the door was open for Haitian immigrants to fill the essential jobs. But some residents blame the newcomers for taking the jobs and driving down wages.
Business owners like job recruiter Alex Muller see it differently. “They’ve been very welcoming and grateful for the opportunity to provide for their families” Muller said. The Haitian workers have been essential to the city’s economic recovery.
Both Rue and Flax Wilt said they will continue to counter the misinformation. Despite presenting fact checked data Rue said some people will still spread false narratives and accuse city officials of lying.
He told the public to consider the harm that rhetoric does to the Haitian community. “Imagine being talked about this way and your entire community or country being painted with broad brushstrokes of negativity” he said.
Flax Wilt ended by calling on Springfield to live up to its values of inclusivity and unity. “This is not the community we want to be” she said. “We are better than this and we need to come together to focus on the real issues at hand.”
Flax Wilt emphasized the need for driver’s education programs and infrastructure stability for the growing population. She also called for compassion and understanding towards immigrants.
“Hateful rhetoric and harassment is not who we are as a city. As a leader and a mother of three I tell my children not to bully others. It’s disheartening to see adults in our community behaving the same way we teach our kids to avoid.”
As the 2024 presidential election approaches Ohio is no longer a swing state but is still a target for hate groups and agitators, local and out of state. In August Neo-Nazi’s appeared in Springfield about 48 miles west of Columbus and are expected to be in Columbus this fall.
Jeff Tischauser, a senior research analyst at the Southern Poverty Law Center (SPLC) noted that while Ohio has become more conservative Columbus being a liberal city is likely to attract protests from extremist groups.
“Columbus is a blue city surrounded by red and it’s an election year” said Tischauser. With the Statehouse and a major university Columbus is a symbolic target for groups like the Nazi Blood Tribe and others, they have a platform to confront their political enemies.
The SPLC tracks hate and anti-government groups across the country and Ohio has at least 50 of these groups including white nationalist and anti-LGBTQ+ groups. These groups have been emboldened in recent years with FBI Director Christopher Wray noting a 357% increase in domestic terrorism cases between 2010 and 2021 according to the U.S. Government Accountability Office.
The level of activity from Ohio’s hate groups before the 2024 election is unclear but a new local non-profit Ohioans Against Extremism has emerged to counter the growing presence of extremist groups.
Maria Bruno the non-profit’s executive director said the group was created in response to the rise in hate group activity including neo-Nazi demonstrations across the state. “What was once fringe internet trolling is now part of the political discourse” Bruno said noting the increasing normalization of extremist rhetoric online and in person.
Ohio has long been a hotbed for hate groups and several factors contribute to their activity in the state. Beyond Ohio’s central location which makes it an easy hub for members from surrounding states extremist groups are drawn to Columbus because of its politics. Tischauser noted that Columbus being a blue city in a red state gives them a chance to confront their political enemies.
“Columbus has left-leaning leaders and residents and it gives hate groups a place to confront their enemies during a major political crisis” Tischauser said. Following the 2020 election statehouses across the country became the focal point of protests and Ohio’s Statehouse could be the same this election cycle.
The Nazi Blood Tribe and Proud Boys have already demonstrated in Ohio with some protests having 20-40 people. The ease of travel to Ohio and the state’s history in political elections makes it a prime location for these groups to get attention.
In response to the growing threat of extremist protests Ohioans Against Extremism will combat the spread of hate and violence. Bruno said the non-profit will work to lower the temperature of political rhetoric as the 2024 election cycle heats up.
With former President Donald Trump running again and Vice President Kamala Harris on the Democratic ticket tensions are high and extremist groups will capitalize on the uncertainty. Bruno said voters and leaders need to keep it civil and decent.
“We want to mobilize voters and make politicians keep the decency alive” she said. The organization also wants to connect what’s happening in Ohio communities to the extreme rhetoric in the Statehouse.
24/7 Support, Just A Call Away!
On October 3, 2024, USCIS updated its policy guidance for the EB-1A extraordinary ability visa with more clarity on what constitutes appropriate evidence to prove eligibility for this popular immigrant category.
The updated guidance clarifies several important points to help EB-1 applicants and their reps prepare the right documentation:
The EB-1A classification for individuals with “extraordinary ability” is an immigrant visa for those who have achieved national or international recognition in science, art, education, business or athletics. Here’s the breakdown of eligibility and evidence requirements for this category.
EB-1 Extraordinary Ability Eligibility
To qualify, applicants must meet these requirements to establish the beneficiary’s eligibility:
Self-Petitioning
Applicants don’t need a job offer for this category, so they can file on their own without employer sponsorship. But they still need to show their intention to continue work in their field, benefiting the.
This guidance from the U.S. Citizenship and Immigration Services (USCIS) is to provide more clarity and transparency so EB-1 petitioners can better understand and meet the evidence requirements. It’s to make the process easier for applicants to gather the right documentation to support their extraordinary ability case.
Effective Date
This guidance is effective immediately and applies to all pending and new cases.
This guidance explains in detail how to determine eligibility by evaluating evidence, including the criteria for awards, memberships, published material and exhibitions. Here are the highlights:
1. Team Awards and Recognized Prizes
2. Membership in Professional Associations
3. Published Material Criteria
4. Exhibitions for Artistic and Non-Artistic Fields
This guidance is an extension of previous EB-1 updates, making the evaluation process more clear and transparent. Here’s how this helps applicants:
Where to Find More Information
The full guidance is in USCIS Policy Manual, Volume 6, Part F, Chapter 2. This is the main source of guidance for petitioners and their representatives to prepare their applications.
This guidance is to help EB-1 petitioners show extraordinary ability more clearly, so they can better understand what to submit. For more information, applicants can check the Policy Manual or consult with qualified immigration attorneys.
1. National or International Acclaim
Applicants must show evidence of national or international recognition. “National” means recognition in the U.S. or a U.S. territory; “international” means recognition outside the U.S. or U.S. territory. “Sustained” means the recognition is continuous but doesn’t mean an age limit; even early-career professionals can qualify if they show ongoing achievements. Officers will look at whether the applicant has had acclaim since any initial recognition.
2. Continuing Work in the Field
Applicants should plan to continue work in the same field of expertise. For example, athletes transitioning into coaching can still qualify if they show sustained acclaim and achievements in coaching, as long as this role is in their field of extraordinary ability.
3. Benefit to the U.S.
The applicant’s work should benefit the U.S. but there is flexibility in what constitutes “substantial benefit”. This will vary by case and USCIS may request more evidence if needed.
The applicant must meet one of two evidence paths:
Criterion 1: Awards and Prizes for Achievement
USCIS will consider individual and team awards as long as they are national or international in scope. Qualifying awards might include:
Criterion 2: Membership in Exclusive Organizations
Applicants must be members of organizations that require outstanding achievements, judged by experts in the field. Basic memberships based only on education or dues are not enough.
Criterion 3: Published Material about the Applicant
Evidence includes articles in professional journals, major media or trade publications about the applicant’s work in their field. This must be about the applicant’s work, not their employer’s.
Criterion 4: Judge of Others’ Work
This includes:
Criterion 5: Original Contributions of Major Importance
Applicants must show contributions that have had major impact in their field, backed by citations, patents or expert testimony.
Criterion 6: Author of Scholarly Articles
Applicants must have written scholarly articles, often peer-reviewed, that demonstrate expertise and original research in their field.
Criterion 7: Artistic Exhibitions or Displays
Artistic work must be shown in recognized venues, physical or virtual, and must be artistic unless supported by comparable evidence.
Criterion 8: Key or Pivotal Role for Respected Organizations
The role must be important within a respected organization, which could be academic or professional.
Criterion 9: High Salary or Other High Compensation
Applicants can show high earnings relative to others in their field through contracts, pay stubs or industry salary data.
Criterion 10: Commercial Success in the Arts
Evidence of success in the arts may include box office numbers or record sales, showing popularity and demand.
The EB-1 application goes through a two-step review:
More
Comparable Evidence: If standard evidence types don’t apply to your field, you may submit comparable evidence of similar recognition or impact, especially for non-traditional fields.
Support Letters: Letters from people in your field can be helpful. But letters are more effective when backed up by concrete evidence of your work.
O-1 to EB-1: Prior O-1 status can be helpful but is not a guarantee of EB-1 approval as the standards are different.
24/7 Support, Just A Call Away!
On October 17, 2024, the Department of Homeland Security (DHS) has designated Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) for Lebanese nationals currently in the United States.
These programs will provide temporary relief from deportation and allow eligible individuals to work legally while Lebanon is going through crises, with details related to the new TPS and DED designations highlighting the eligibility criteria and benefits for those affected by the ongoing humanitarian crisis in Lebanon.
Lebanon is going through tough times due to an ongoing armed conflict and political instability, making it unsafe for many citizens to go back. DHS has responded to this humanitarian crisis by designating Lebanon for TPS for 18 months. DED was also granted to Lebanese nationals through an executive order by President Biden, until January 25, 2026.
TPS is a temporary immigration benefit for nationals of designated countries going through extraordinary circumstances. Eligible Lebanese nationals, who have been continuously residing in the U.S. since a specified date, can apply for these protections.
Under TPS, beneficiaries:
DED is similar to TPS but is granted by executive order rather than statute.
These will give Lebanese nationals a break from removal, TPS and employment authorization, and the ability to work legally in the U.S. while Lebanon is going through conflict and severe humanitarian crisis.
Here’s what’s available:
1. Temporary Protected Status (TPS) for Lebanon
Duration and Reason for TPS: DHS, under Secretary Mayorkas, has designated Lebanon for TPS for 18 months due to the war and temporary conditions that make it not safe for Lebanese nationals to go back.
Eligibility:
Application Information: A Federal Register Notice will be published soon with the application process for TPS, including employment authorization. Until then, do not submit applications for TPS under this designation.
2. Deferred Enforced Departure (DED) for Lebanese Nationals
For F-1 nonimmigrant students from Lebanon, DHS is offering Special Student Relief (SSR) through a special student relief notice. This will allow eligible students to:
Eligibility for SSR
Affected Populations
Through these measures, DHS estimates:
Upcoming Dates and Next Steps
Lebanese nationals under TPS and DED can apply for employment authorization documents (EAD) to work in the U.S.
TPS and DED application fees are:
Fee Waiver: Applicants who cannot pay the fees can submit Form I-912 with their application, but not for DED-based Form I-765 applications
Once TPS or DED status expires, individuals who do not get another status will start accruing unlawful presence in the U.S. But as long as they are under TPS or DED protection, they will not accrue unlawful presence.
TPS and DED are relief, but they are not a path to permanent residency or citizenship. Beneficiaries should consult with an immigration attorney or accredited representative to explore long term options.
Thousands of Lebanese nationals will be able to stay safely in the U.S. while Lebanon is unstable. DHS’s announcement is a lifeline, providing work and relief for those affected by the crisis.
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On October 23, 2024, U.S. Citizenship and Immigration Services (USCIS) has updated the Policy Manual to reflect the 2024 T Nonimmigrant Status final rule. This rule published on April 30, 2024 brings changes to policies and eligibility for T visa applicants. This rule strengthens support and protections for human trafficking victims seeking T status in the US.
The T visa program (T nonimmigrant status) is a way for certain victims of severe forms of human trafficking to find safety and protection in the United States. Created under the Trafficking Victims Protection Act (TVPA) of 2000, this visa is supposed to provide safety, support and a way to legal status for noncitizen victims of trafficking. Despite changes to the program, there are still many challenges and issues affecting applicants, law enforcement and policy enforcement. Here’s the rundown on the current T visa program, recent changes and ongoing problems.
To be eligible for T status, you must:
Keys to T Visa Program:
1. Legal Status and Protection
2. Support for Law Enforcement
USCIS has updated T visa policy guidance effective immediately for new and pending applications filed on or after August 28, 2024. The new regulations allow victims to establish physical presence regardless of the time elapsed between the trafficking incident and their T visa application. Below are the highlights:
Key changes from the 2024 final rule include codifying existing policy, clarifying eligibility and procedural changes to make the application process smoother and more supportive.
General Effective Date:
Reporting Requirements:
Clearer Cooperation Guidelines:
Specific Requirements for Eligibility:
Clearer Path for Applicants:
Provides a more direct way to demonstrate eligibility by clarifying these prohibited actions.
Requirement to Cooperate with Authorities:
Supporting Victims through Reporting:
Ensures trafficking is reported so cases can be prevented and victims can build trust with authorities.
Work Authorization and Form I-765
Victims with a bona fide application can submit Form I-765 to request work authorization so they can work legally while waiting for a final decision on their T visa. Victims of debt bondage, a severe form of human trafficking involving involuntary servitude through fraud or coercion, can also apply for work authorization during this period. USCIS recommends applicants file this form with their Form I-914 (Application for T Nonimmigrant Status) for a faster process.
Points to Remember:
The October 2024 USCIS updates addressed some of the long standing issues in the T visa program, but the process is still a work in progress. These changes are supposed to fix some of the biggest problems, but there’s still more to go.
1. Long Processing Times and Limited Access to Benefits
2. Physical Presence and Departure Exceptions
3. Reporting Requirements and Cooperation with Law Enforcement
4. Admissibility and Waiver Issues
Despite these changes, there are still issues in the T visa program that hinder the effectiveness of the protections for victims. Victims can contact the National Human Trafficking Hotline, a 24-hour, toll-free resource available throughout the U.S., to report suspected trafficking and receive vital support and information on how to stay safe.
1. Limited Awareness and Outreach
2. Annual Cap and Waiting Lists
3. Reintegration Issues Post-T Visa Approval
Mental Health and Trauma Recovery
Employment and Economic Barriers
To improve the T visa program:
As the program improves and addresses applicant challenges, the T visa can provide more protection and services to those who need it.
The policy is in Volume 3 and Volume 9 of the USCIS Policy Manual. Effective immediately and supersedes all prior guidance on T nonimmigrant status. U.S. Citizenship and Immigration Services provides updates in the Policy Manual. Updates across chapters include:
Notable Section Changes
USCIS updated multiple sections in the manual:
USCIS advises:
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Mr. Tsegaye Sisay Tegegn, a citizen and resident of Ethiopia, won the Green Card Lottery in 2023. Not only was it his dream to come to the U.S., to join his brother who is a Ph.D. Chemical Engineering Student at Case Western Reserve University in Cleveland, but he also seeks sanctuary from the ethnic and religious violence plaguing his beloved homeland.
After winning the lottery, he paid the filing fees, filled out all the forms, and has patiently waited since the Summer of 2023 for his immigrant visa interview at the US Embassy in Addis Ababa. He paid these fees with reasonable expectation that the Department of State was willing to adjudicate the immigrant visa application in a timely, fair, and non-arbitrary manner.
However, the U.S. Embassy has refused to schedule his immigrant visa interview, or to transfer to another post.
If he is unable to secure the visa by 9/30/2024, this visa opportunity expires by operation of law, and is gone forever.
Attorney Richard Herman, who represents Mr. Tegegn before the Department of State, says that if the Government did not have the intention or the capacity to fulfill this basic function, it should have properly warned Mr. Tegegn, prior to his paying the filing fees, that it had no intention or capacity to timely adjudicate the petition.
No such warning or advisal was provided.
In the private sector, this conduct would be analogous to Consumer Fraud.
Attorney Herman, also states: “This is outrageous, fraudulent, and discriminatory conduct by the State Department. In addition to outright misrepresentation, there is the strong stench of institutional racism. If Mr. Tegegn were white and from Sweden, just to pick a random European country, his Diversity Visa interview would be scheduled, timely, and without a hiccup. Ironically, the US “Diversity” Lottery Program does not value diversity, and in fact, actively discriminates against those of color.”
With the assistance of Attorney Jath Shao, from the Herman Legal Group, Mr. Tegegn has recently filed a lawsuit in Federal District Court in Cleveland, against the State Department, alleging that it has violated his due process rights to fairly and timely adjudicate his visa petition (Case number1:24-CV-01399).
Thus far, the position communicated by the State Department is that they will fight the lawsuit.
Due to the dangers in Ethiopia, U.S. Citizenship and Immigration Service has has designated Ethiopia under the Temporary Protected Status program, providing sanctuary to many Ethiopians already in the U.S., such as Mr. Tegegn’s uncle, who also resides in Cleveland.
Mr. Tegegn’s brother, Zemene, states: “It’s incredibly frustrating and bewildering that despite my brother doing everything required over a year ago, his case remains stuck in bureaucratic inaction. The lack of response or urgency from the authorities has left our family in emotional and financial distress. If my brother is able to come and join me, I can finally focus on my PhD studies, as his situation has been a continuous source of distraction and anxiety.”
The fair resolution, in order to fulfill Department of State’s legal and moral duty, would be to schedule this immigrant visa interview at any appropriate US Embassy so that the visa can be issued prior to the deadline of September 30, 2024.
August 26, 2024: The United States District Court for the Eastern District of Texas issued an administrative stay in the case Texas v. Department of Homeland Security, Case Number 24-cv-306. DHS will not be granting parole in place under the “Keeping Families Together” program for 14 days. Stay tuned for further updates.
“Keeping Families Together” is a Biden program that will give a pathway to citizenship to nearly 500,000 undocumented immigrants who are married to US citizens. The program aims to promote family unity by providing a pathway to citizenship for undocumented immigrants married to US citizens.
This program affects these individuals and their families big time and is now on pause for further legal review.
Facts
Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas issued a 14 day stay, stopping the processing of applications or granting of parole under the new rule. DHS can still accept applications during this time. This temporary pause is in response to a lawsuit filed by 16 Republican states challenging the program.
The lawsuit challenges the new immigration process aimed at streamlining pathways to lawful permanent residence for noncitizens married to U.S. citizens.
Judge Barker said the temporary pause is to prevent any harm before the court can review the case further. The judge’s decision shows the states have a strong case and the program will have big implications for immigration policy and state resources.
The court has a fast track schedule for the case with deadlines in September and early October. A hearing on preliminary relief and summary judgment will be after October 10, 2024. During this time all parties will present their arguments and the court will decide whether to extend the stay or lift it.
The stay was issued after 16 Republican states filed a lawsuit against the program saying it violates the Administrative Procedure Act and existing federal law. In his order, Judge Barker said the states’ claims are “serious and deserve more time than the court has given so far”.
But he made clear this is not a final decision on the merits of the case but a temporary pause to allow for further review. DHS, the defendant in this case, has filed a request to expedite.
In response to the federal court order temporarily staying the “Parole in Place” program for undocumented spouses and stepchildren of U.S. citizens, President Biden issued a statement condemning the ruling. He stated:
“Last night, a single district court in Texas ruled that our work to keep families together has to stop. That ruling is wrong. These families should not be needlessly separated. They should be able to stay together, and my Administration will not stop fighting for them.”
President BIden
Here is President Biden’s full response:
Statement from President Joe Biden on the District Court’s Order on the Biden-Harris Administration’s Action to Keep Families Together
America is not a country that tears families apart.
That is why, in June, my Administration announced new action to keep American families together. These married couples—in which one spouse is a United States citizen and the other has been living in America for 10 years or more—include our neighbors who have been working, raising their families, paying taxes, worshipping with us, and sending their kids to school. They have become our friends, our neighbors, and our co-workers. They’re the parents to our kid’s best friends. They have become invaluable contributors to our communities. They make us a better country.
Nothing I did changed the requirements people have to meet to adjust their status under immigration law. All I did was make it possible for these long-time residents to file the paperwork here – together with their families.
But without the Keeping Families Together process, spouses of U.S. citizens won’t be able to stay in the U.S. while they obtain the long-term legal status for which they’re already eligible.
They’ll be forced to either leave their families in America, or live in the shadows in constant fear of deportation.
Last night, a single district court in Texas ruled that our work to keep families together has to stop. That ruling is wrong. These families should not be needlessly separated. They should be able to stay together, and my Administration will not stop fighting for them.
I am not interested in playing politics with the border or immigration; I am interested in solving problems.
Nor am I interested in tearing families apart. That is not who we are as Americans. I will continue to fight to secure our border and fix our broken immigration system.
President Joe Biden
It is hopeful that the Biden Harris administration’s commitment to this program will stand strong.
A group of immigrant families has stepped up to defend a new Biden administration program, which is under threat from a lawsuit by 16 Republican-led states. The program, known as Keeping Families Together, provides a legal pathway called “parole in place” for an estimated half a million undocumented spouses of U.S. citizens.
This pathway allows them to apply for permanent residency and citizenship without leaving the country, significantly reducing the risk of family separation.
The lawsuit, led by Texas Attorney General Ken Paxton, was filed by Republican states that argue the program is unconstitutional and harmful to the U.S. However, six undocumented immigrants, together with their U.S. citizen spouses, filed a motion to intervene in the lawsuit, seeking to protect the program. They are supported by the Coalition for Humane Immigrant Rights, a nonprofit based in Los Angeles.
One of the immigrants seeking to intervene, Foday Turay, is particularly passionate about the case. Turay, who was brought to the U.S. from Sierra Leone as a child, is now a lawyer working as a prosecutor in Philadelphia.
He speaks out about the fear of being torn from his family, despite having lived, worked, and paid taxes in the U.S. for over a decade. Turay and his fellow applicants argue that this program is essential for keeping their families intact.
Applicants to the parole in place program must meet strict criteria: continuous residence in the U.S. for at least 10 years, marriage to a U.S. citizen before June 17, 2024, and a clean criminal record.
The program is designed to address the dilemma faced by many undocumented immigrants who are married to U.S. citizens but are afraid to leave the country to legalize their status, as it could result in yearslong or even permanent separation from their families.
Despite its benefits, the program is under fierce attack. The lawsuit, backed by America First Legal, argues that the program violates federal law and exacerbates the immigration crisis.
The suit was filed in a Texas federal court known for its conservative judges, both of whom were appointed by former President Trump. The case has been assigned to Judge J. Campbell Barker, who will decide whether the immigrant families can intervene.
If allowed to intervene, these families and their legal representatives will defend the program alongside the federal government, but with a focus on their personal stakes in the matter.
Esther Sung, the legal director of Justice Action Center, emphasizes the importance of including the voices of those who would benefit directly from the program, noting that the outcome could significantly impact immigrant communities and even influence the upcoming elections, as many affected families reside in key swing states.
The lawsuit also raises the broader debate over the economic impact of undocumented immigrants on states. Republican attorneys general argue that programs like parole in place impose financial burdens on states by increasing costs in education, healthcare, and other public services.
However, advocates like Sung plan to challenge these claims, pointing out that similar arguments were dismissed in a previous case involving a different Biden administration program.
The question of whether undocumented immigrants are a net fiscal benefit or cost remains contentious, with analyses often divided along ideological lines. Yet, as Turay points out, many of the immigrants eligible for parole in place have been contributing to the U.S. economy for years, primarily through paying taxes.
The White House estimates that applicants have lived in the U.S. for an average of over 20 years, demonstrating their deep ties to the country.
As this legal battle unfolds, the future of the Keeping Families Together program hangs in the balance, with significant implications for the lives of many immigrant families and the broader immigration debate in the United States.
The “Keeping Families Together” program is an expansion of the existing “parole in place” (PIP) policy that allows certain undocumented spouses and stepchildren of US citizens to apply for temporary relief from deportation. If approved, these individuals can apply for a marriage based green card without having to leave the US.
The program is designed to streamline the immigration process and promote family unity by allowing eligible individuals to apply for a marriage-based green card without leaving the US. The Biden administration estimates 500,000 undocumented spouses and 50,000 stepchildren will benefit from this program.
To qualify, applicants must have been in the US for at least 10 years, be married to a US citizen as of June 17, 2024 and have no disqualifying criminal history or security threats. The application process costs $580 and requires detailed documentation including a personal statement and proof of continuous presence in the country.
Opposition
The lawsuit, led by Texas, says the “Keeping Families Together” program not only violates the Constitution but also makes the existing illegal immigration problem worse. The plaintiffs argue the program will encourage more illegal immigration and put a strain on state resources, citing increased demand for state services and potential wage suppression as the main concerns.
DHS spokesperson Mayra Alejandra said the program is based on long standing legal authority and is in line with American values of keeping families together. She said the program is to allow families of US citizens to live without fear of being separated, something that many people can relate to.
The temporary restraining order (TRO) means USCIS can accept applications but cannot process or approve them until the stay is lifted. If you are eligible for the program you should prepare and submit your application during this time as there is no prohibition on doing so. If the stay is lifted those who applied during the pause will not be penalized or restricted.
Despite the stay individuals who think they qualify for the PIP program should consult with experienced immigration attorneys to explore their options. They should also go ahead and submit their applications as the program is still open for submissions.
Be informed and seek legal advice to understand how this temporary pause will impact your case. Even with the pause in place, preparing your application now will put you in a better position when the program reopens.
As the lawsuit plays out the “Keeping Families Together” program is still up in the air. But eligible individuals should stay ahead of the curve, gather the necessary documents and submit their applications. Stay informed and prepared and you’ll be able to navigate this changing policy and get a better future for you and your family.
If you are considering applying under the “Keeping Families Together” program contact the Herman Legal Group to help you with the process. Preparing now could mean getting your marriage green card when the program gets back on track.
August 19, 2024 DHS announced the “Keeping Families Together” program. This is an initiative that allows certain noncitizen spouses and stepchildren of US citizens to apply for parole in place, a discretionary process that allows them to stay in the US temporarily. This is part of President Biden’s overall family unity in the immigration system.
What is Parole in Place?
Parole in place is a discretionary authority exercised by DHS under section 212(d)(5)(A) of the Immigration and Nationality Act (INA).
It allows certain noncitizens who are in the US without being formally admitted or paroled to be considered “applicants for admission”. This process allows them to stay in the country for urgent humanitarian reasons or significant public benefit.
If paroled and otherwise eligible they can apply for adjustment of status to lawful permanent resident without leaving the US to process their application through a US consulate abroad.
DHS estimates 500,000 noncitizen spouses and 50,000 noncitizen stepchildren of US citizens could benefit from this program. These individuals have been in the US for an average of 23 years.
Under normal circumstances undocumented individuals who entered the US illegally cannot adjust their status to legal permanent resident without leaving the country.
Leaving the US triggers the 3 or 10 year bars which can make it very difficult for them to return. The PIP program is designed to bypass this requirement and allow eligible individuals to stay in the US while their applications are processed.
Integrity and Fraud Prevention
USCIS will thoroughly review all evidence submitted with Form I-131F applications to verify the existence of legally valid marriages. This includes training and procedures to identify and prevent fraud to ensure only legitimate marriages are the basis for applications for adjustment of status.
Eligibility
To be eligible for the discretionary grant of parole in place under “Keeping Families Together” you must:
For Noncitizen Spouses of US Citizens:
For Noncitizen Stepchildren of US Citizens:
The applicant must demonstrate eligibility and that the favorable exercise of parole is warranted for urgent humanitarian reasons or significant public benefit. Parole in place does not automatically qualify the applicant for other immigration benefits including lawful permanent resident status.
Starting August 19, 2024 eligible noncitizen spouses and stepchildren can apply for parole in place by filing Form I-131F online. There is a filing fee and no fee waivers. Applicants must complete all required fields and submit required documents according to the form instructions.
Important Notes:
After filing, applicants will need to provide biometrics, including fingerprints, photographs and signature. This information will be used for identity verification, background checks and to determine eligibility.
If USCIS determines the applicant is eligible and if the federal court lifts the stay, USCIS may grant parole in place on a case by case basis considering factors such as criminal history, existing removal proceedings and national security concerns. If approved, parole is usually granted for 3 years and can be terminated by DHS at any time with notice.
Employment Authorization
If granted parole, applicants can request an Employment Authorization Document (EAD) by filing Form I-765. If you don’t already have a Social Security number you can request one when filing for an EAD.
If Your Application is Denied
If USCIS denies parole in place it will not usually result in a Notice to Appear (NTA) or referral to ICE for enforcement action unless the applicant is deemed a threat to national security, public safety or border security. However, DHS has discretion to take enforcement actions under the INA.
Address Changes: Applicants must report any address changes to USCIS within 10 days to receive all correspondence related to their case.
Travel Restrictions: A grant of parole in place does not allow the applicant to reenter the US if they leave. Leaving the US will terminate the parole. Even with advance parole there are risks involved in traveling outside the US and applicants should consult with an attorney before making travel plans.
Subsequent Immigration Petitions: A grant of parole in place does not automatically qualify someone for a green card. A qualifying family member must still file Form I-130 or Form I-360 on their behalf and they must meet all other requirements for adjustment of status.
Immigration Scams: Don’t get scammed. Only attorneys licensed in the US or accredited representatives can give you legal advice on immigration matters. Be cautious of websites, individuals or organizations claiming to be affiliated with USCIS. Never pay anyone over the phone or by email, and USCIS will never contact you through personal email.
Final Thoughts
The “Keeping Families Together” program is a big step by the White House towards family unity for noncitizen spouses and stepchildren of US citizens. But with the current legal challenges and stay in place, it’s important to stay informed and prepared. By knowing the process, eligibility and risks you can make smart decisions for your immigration journey.
Call Herman Legal Group for further information. We will give you the latest guidance and help you make the smart decision for you and your family.
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July 28, 2022
USCIS is currently experiencing delays in issuing receipts for Form I-589, Application for Asylum and for Withholding of Removal. Due to these delays, you may not receive a receipt notice in a timely manner after you properly file your Form I-589.
Form I-589 is a form that non-U.S. citizens who find themselves in the United States can file in order to apply for asylum and withholding of removal. The United States Center for Immigration Services stated recently on their website that they are currently experiencing delays which may cause applicants not to receive their receipt on time after they submit their application.
The institution also assured applicants that their filing date will be considered rather than when their file is processed in order for them not to be penalized during a certain number of operations or circumstances.
For example, when scheduling affirmative asylum interviews or when asylum seekers are requesting employment eligibility documents the filing date will be considered. Also the asylum one year filing deadline will be calculation by taking into consideration, not the date when their files are processed but their filing date.
Applicants however have to watch their steps and be very cautious while filing their applications as their files might be rejected if they fail to meet any of the requirements.
USCIS stated that they would take time to inform any applicants whose file is rejected of the reason for that. They can make appropriate corrections and resubmit their application. Submitting the same application many time is not a good idea either. The sole submission is enough. The institution advised applicants to be patient and calmly wait for their receipt after their application is filed.
Need to file an I-589 application? Here are a few things to consider.
As mentioned earlier, the U.S. government gives a one year deadline to anyone who would like to apply for Asylum and for withholding of removal. This may seem a long period and give way to procrastination.
Given that the U.S. immigration officials treat security matters as very sensitive, finding yourself without any legal protection may cost you much more. The risk of deportation becomes very high. Better start earlier!
As it is with every immigration related matters, U.S. authorities give very careful attention to the processing of I-589. Any inconsistency in your files may lead them to the conclusion that you are lying and you may not only lose the opportunity to be considered an asylum seeker but you will permanently be denied any opportunity to immigrate to the U.S. in the future.
Give as much details as possible. For example, you may give more explanation about a date you can no longer remember. Use supplement B – Form I-589 for that purpose. If you are unsure what to do or how to fill the form you can seek assistance from an immigration legal practitioner.
Schedule a personal consultation with Attorney Richard Herman by calling 1-216-696-6170, or by booking online. Consultations can be conducted by zoom, skype, WhatsApp, facetime, or in-office.
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