On Aug. 19, USCIS will begin accepting requests for, using a new electronic form, Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. Form I-131F will not be available on uscis.gov until Aug. 19. USCIS is not accepting any other form for Keeping Families Together. Do not file a request for parole in place under this process before Aug. 19, 2024.

We are publishing a Filing Guide for Form I-131F on the Keeping Families Together webpage. This guide will help individuals as they prepare to file a request for parole in place through the online process. We have also updated the Key Questions and Answers about the process on the Keeping Families Together webpage. More information about Keeping Families Together will be made available in a Federal Register notice in the coming days.

Form I-131F will only be available to file online. Each requestor, including minors, must file a separate Form I-131F, and each requestor must have their own USCIS online account, including minors. Information on creating a USCIS online account is available on the How to Create a USCIS Online Account webpage. There is no paper form for this process.

Protect Yourself from Immigration Scams
We do not want you to become the victim of an immigration scam. If you need legal advice on immigration matters, make sure the person helping you is authorized to give legal advice. Only an attorney admitted to practice law in the United States or accredited representative working for a Department of Justice-recognized organization can give you legal advice on immigration matters. Be aware of individuals who guarantee outcomes; applications are reviewed on a case-by-case basis by USCIS. Visit the Avoid Scams webpage for information and resources.

Some common scams to be aware of include:
·  Government impersonators:  Look out for individuals who pretend to be USCIS officials. USCIS will only contact you through official government channels and will not contact you through your personal social media accounts (such as Facebook, X, LinkedIn, etc.).
·  Scam Websites: Some websites claim to be affiliated with USCIS and offer step-by-step guidance on completing a USCIS application or petition. Make sure your information is from uscis.gov or dhs.gov or is affiliated with uscis.gov. Make sure the website address ends with .gov.
·  Payments by Phone or Email: We will never ask you to transfer money to an individual. We do not accept Western Union, MoneyGram, PayPal, or gift cards as payment for immigration fees. In addition, we will never ask you to pay fees to a person on the phone or by email.
·  Notarios Públicos and unauthorized practitioners of immigration law: In the United States, a notario público is not authorized to provide you with any legal services related to immigration benefits. Only an attorney admitted to practice law in the United States or an accredited representative working for a Department of Justice-recognized organization can give you legal advice on immigration matters. For more information about finding legal services, visit our website.

Navigating the U.S. immigration system can be a complex and daunting task, especially when it comes to adjusting your status to lawful permanent residency (a Green Card). One critical aspect of this process involves understanding job porting and the requirements for filing an I-485 Supplement J. This article aims to clarify these concepts and guide you through when and why you need to file this supplement.

What is Job Porting?
Job porting refers to the ability of an employment-based Green Card applicant to change employers without jeopardizing their Green Card application, provided certain conditions are met. The flexibility granted by job porting is significant because it allows applicants to switch jobs or employers if the original job is no longer suitable or available, or if they find a better opportunity.

Key Points About Job Porting:

• • Eligibility for Porting: To port your job, you must be in the adjustment of status process (Form I-485) and your application must be pending for at least 180 days. Additionally, the new job must be in the same or a similar occupational classification as the job for which the Green Card application was originally filed.
  
• • Same or Similar Occupational Classification: The new job does not need to be with the same employer or be exactly the same as the original job but must be in a similar occupation. The idea is that the new role should align with the skill set and experience described in the original job offer.
  
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What is Form I-485 Supplement J?
Form I-485 Supplement J, officially known as "Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j)," is a document that confirms the legitimacy of your job offer or your request to port your job.

Key Functions of Supplement J:

• • Confirmation of Employment Offer: Supplement J is used to confirm that you have a valid job offer if your Form I-485 is still pending. This is critical to show that you have a legitimate and ongoing job offer that aligns with the original employment-based Green Card petition.
  
• • Request for Job Portability: If you are changing jobs, Supplement J can be used to notify U.S. Citizenship and Immigration Services (USCIS) of the change and confirm that the new job is in the same or similar occupational classification.
  
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When Must You File Form I-485 Supplement J?

1. When Porting Jobs: If you change jobs while your Form I-485 is pending, you must file Supplement J to inform USCIS of the job change. This needs to be done within 180 days of the job change or when your Form I-485 is pending for 180 days or more.
2. When USCIS Requests It: USCIS may request Supplement J as part of the processing of your Form I-485. In such cases, you must respond to the request and provide the necessary documentation to demonstrate that the new job qualifies.
3. Upon Initial Adjustment Application: While it is not always mandatory to file Supplement J with your initial I-485 application, it may be necessary in certain cases to confirm that the job offer is still valid or to provide additional information about your job status.
   

Completing Form I-485 Supplement J
When filling out Supplement J, you need to provide:

• • Information About the New Job: This includes the job title, duties, and how they are similar to your previous job.
  
• • Details About the Employer: The name, address, and other relevant details of the new employer.
  
• • Signature from the New Employer: The form requires certification from the new employer to confirm the bona fides of the job offer.
  

Conclusion
Understanding job porting and the requirements for filing Form I-485 Supplement J is crucial for maintaining the continuity of your Green Card application process. By ensuring that you file Supplement J appropriately when changing jobs or when requested by USCIS, you help safeguard your status and facilitate a smoother transition to permanent residency. Always consider consulting with an immigration attorney to ensure compliance with all requirements and to receive personalized advice based on your specific circumstances.

In the complex world of U.S. immigration law, the Child Status Protection Act (CSPA) is a key provision that can significantly influence EB-5 visa applications. For those navigating the EB-5 Immigrant Investor Program, understanding how the CSPA applies is crucial. This article outlines the important aspects of the CSPA in relation to EB-5 cases and provides guidance for investors and their families.

What is the CSPA?
Enacted in 2002, the Child Status Protection Act (CSPA) addresses the problem of children "aging out" of eligibility for immigration benefits as they turn 21. The CSPA allows certain children to maintain their eligibility for visas by effectively “freezing” their age, under specific conditions.

Overview of the EB-5 Immigrant Investor Program
The EB-5 Immigrant Investor Program provides a pathway to U.S. permanent residency for foreign nationals who invest a minimum amount in a new commercial enterprise that creates at least ten full-time jobs for U.S. workers. As part of this process, an EB-5 investor’s spouse and children under 21 can also obtain green cards as derivative beneficiaries.

Applying the CSPA to EB-5 Cases
The CSPA is particularly relevant for children of EB-5 investors who are included as derivative beneficiaries. Here’s how the CSPA affects these cases:

1. CSPA Age Calculation: The CSPA allows children to remain eligible for immigration benefits even if they turn 21 before their green card application is processed. It uses a specific formula to determine the child’s “CSPA age,” which could be younger than their actual age.
2. How the Formula Works: To calculate CSPA age, subtract the number of days the visa petition was pending from the child’s age at the time the visa becomes available or the petition is approved. This calculation helps ensure that children who are close to aging out still benefit from the EB-5 program.
3. Eligibility Requirements: For CSPA protection, the child must have been under 21 at the time the EB-5 petition was filed or when the visa became available. Additionally, the child must apply for permanent residence within one year of the visa becoming available or the petition being approved.
4. Practical Application: Investors should accurately track the timing of their petitions and visa availability to ensure proper application of the CSPA. This includes keeping detailed records and updating USCIS or the U.S. Department of State with any necessary documentation.
5. Impact of Processing Delays: Due to the lengthy processing times associated with EB-5 petitions, children may age out during the process. The CSPA aims to protect these children from losing their eligibility due to delays.

Key Considerations
• Document Everything: Investors should maintain thorough records of all petition filings, approvals, and visa availability to accurately calculate and document the child’s CSPA age.
• Stay Updated: Regularly check the status of your petition and visa bulletins, as changes in processing times can affect CSPA calculations.
• Consult an Attorney: Given the complexities of immigration law and the CSPA, it’s advisable to seek guidance from an immigration attorney who specializes in EB-5 cases to navigate the process effectively.

• Conclusion
  

The Child Status Protection Act offers essential protections for children of EB-5 investors, helping them retain eligibility for U.S. permanent residency even as they approach or surpass the age of 21. By understanding and correctly applying the CSPA, investors can help ensure that their families fully benefit from the EB-5 Immigrant Investor Program. With careful attention to detail and timely actions, families can secure their future in the United States.

For more information and assistance with EB-5 cases and the CSPA, contact Nelson & Nunez, P.C. for expert guidance tailored to your specific situation.

Senator James Lankford,along with Senator Sinema (Arizona) and Senator Chris Murphy (South Carolina), negotiated a bipartisan border security bill at the end of last year and early 2024, that would have strengthened our border with Mexico, added border patrol agents and immigration judges, and seemingly was everything the Republican party had been requesting. President Biden, despite the bill not offering a pathway to citizenship for Dreamers, was prepared to sign the bill into law. Mitch McConnell supported the bill. Everything seemed to be moving towards a strong immigration bill that would fix the problem with the Southern border. However, former President Trump actively whipped against the bill and convinced members of the Republican party to vote against it. In this this interview, Senator James Lankford explains what happened to this bill, what was in it, and how the situation unfolded.

https://www.youtube.com/watch?v=VK0Yjh1e15w