The Legal Immigrant Dyan Williams , Esq.

On June 18, the Biden Administration announced a “Parole in Place” plan to allow certain undocumented spouses and children of U.S. citizens to apply for permanent residence within the U.S., instead of needing to depart for Immigrant Visa processing. "The Fact Sheet: President Biden Announces New Actions to Keep Families Together" provides basic information on the program, which the Administration says will promote family unity.
The exact application process – such as required forms, filing fee and documentary evidence – has yet to be decided. Until a proposed rule is published in the Federal Register and public comments are accepted and reviewed, it will not go into effect as a final rule. USCIS will reject any filings related to this process received before the official start date, which might begin in late summer 2024.
In episode 16 of The Legal Immigrant, you will learn:
2:17 Who Will Benefit from the Parole in Place Program? 3:42 How Will the Parole in Place Program Expand Who May Apply for Adjustment to Permanent Residence?5:24 What are the Advantages of the Parole in Place Plan?7:58 What are the Limitations of the Parole in Place Plan? 10:54 How Will the Parole in Place Program Take Effect? 
For more on the I-485 adjustment of status application process, see:
Who is Eligible (and Not Eligible) for Adjustment to Permanent Resident Status?
Adjusting to Permanent Resident Status Under INA 245(a): Bars, Exceptions and Exemptions
A Key Requirement for I-485 Adjustment of Status: Inspection and Admission OR Inspection and Parole
Consult a qualified U.S. immigration attorney to discuss any potential Parole in Place benefits that may apply to you. This is NOT new law. Currently, it is a proposed program by Executive Action, which will not go into effect until it is published as a final rule in the Federal Register.
Beware of “notarios” and other consultants who make false promises to get you to pay them fees. If you rely on bad advice, you could put yourself in a worse position to legalize your U.S. immigration status and might further end up in removal (deportation) proceedings.
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This content provides general information and is for educational purposes only. Do not consider it as legal advice for any individual case or situation. U.S. immigration laws, regulations and policies are subject to change. The sharing or receipt of this information does not create an attorney-client relationship.
Website: www.dyanwilliamslaw.comEmail: info@dyanwilliamslaw.com
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A Canadian citizen wished to enter the U.S. to reunite with his U.S. citizen parents and sibling. But a decade-old conviction for Conspiracy to Import Ecstasy into the U.S. and his deportation, which followed his release from prison, barred him on four inadmissibility grounds:
1) INA 212(a)(2)(a)(i)(I) (crime involving moral turpitude)2) INA 212(a)(2)(A)(i)(II) (controlled substance violation)3) INA 212(a)(2)(C) (controlled substance trafficking)4) INA 212(a)(9)(A)(ii) (removal order with aggravated felony conviction)
With two consultations and, eventually, representation from Dyan Williams Law, the former green card holder received Form I-212 (Consent to Reapply for Admission) and Form I-192 (212(d)(3) waiver) approvals to make temporary U.S. visits. 
This is a true success story at Dyan Williams Law.
The Legal Immigrant provides general information and is for educational purposes only. Do not consider it as legal advice for any individual case or situation. U.S. immigration laws, regulations and policies are subject to change. The sharing or receipt of this information does not create an attorney-client relationship.

If you were convicted of or admit to committing a drug offense, this subjects you to a permanent bar from the United States.  This means you will not be eligible to receive a U.S. visa or admission to the U.S. on crime-related and perhaps health-related grounds. There are, however, exceptions to the rule.   
That said, is Prince Harry’s U.S. visa subject to revocation due to his public admission to illicit drug use? He does this in his memoir book Spare and in several media interviews. While this might be no big deal for the Duke of Sussex, such public admissions would typically carry high U.S. immigration risks.
In episode 14 of The Legal Immigrant, you will learn 4 tips to consider in dealing with the U.S. immigration consequences of a controlled substance violation.
0:00 Introduction1:01 Heritage Foundation sues DHS to obtain copy of Prince Harry, Duke of Sussex's U.S. immigration records2:22 Possible visa options for Prince Harry, Duke of Sussex4:40 Tip #1 - Verify whether this is a conviction for or admission to committing the essential elements of a specific drug offense4:56 Definition of a "conviction" for a drug offense under U.S. immigration law6:09 Definition of an "admission" to a drug offense under U.S. immigration law8:47 Definition of a "controlled substance" under U.S. federal law11:18 Lying about a material fact on a visa application may lead to a finding of fraud or willful misrepresentation to obtain U.S. immigration benefits, which is a permanent bar under INA 212(a)(6)(C)(i)11:53 Tip #2 - Consider the applicant's age at the time of the drug offense 13:13 Tip #3 - Be aware of the separate, health-related inadmissibility bar related to drug use, under INA 212(a)(1)(A)(iv)14:04 Tip #4 - Confirm eligibility for a waiver if you are found inadmissible due to a controlled substance violation or due to your being identified as a drug abuser or addict14:37 Section 212(d)(3) nonimmigrant waiver for nonimmigrants who are found inadmissible due to drug offenses or due to being identified as a current drug abuser or addict14:50 Factors considered in 212(d)(3) nonimmigrant waiver requests15:27 Section 212(h) of the INA provides a waiver for immigrants who are found inadmissible for drug offenses in only one situation: that is, a single conviction or legal admission to committing one controlled substance offense that involves possession of marijuana, 30 grams or less16:03 Eligibility requirements in Form I-601/INA 212(h) immigrant waiver requests16:48 No immigrant waiver if you are if you are identified as a current drug abuser or addict and found inadmissible on health-related grounds under INA 212(a)(1)(A)(iv). You may, however, overcome this inadmissibility if the drug abuse or addiction is found to be in remission. 
This content provides general information and is for educational purposes only. Do not consider it as legal advice for any individual case or situation. U.S. immigration laws, regulations and policies are subject to change. The sharing or receipt of this information does not create an attorney-client relationship.
Contact Form on Website: https://dyanwilliamslaw.com/​Email: info@dyanwilliamslaw.com
Subscribe to The Legal Immigrant e-newsletter at: https://bit.ly/33JyL4b

Five years after being found inadmissible under INA 212(a)(6)(C)(i), our client finally received her Immigrant Visa to join her U.S. citizen spouse in the United States. Consistent with normal processing time, USCIS took 10 months to approve her Form I-601 application for waiver of inadmissibility, which we prepared and filed on her behalf. But due to the U.S. Consulate’s administrative delays and a Presidential Proclamation suspending entries from the client’s home country, it took almost three more years for her to get the visa.

The U.S. Centers for Disease Control and Prevention (CDC) has a new requirement that will affect all green card applicants. Starting October 1, 2021, intended immigrants must receive full doses of the COVID-19 vaccine to immigrate to the U.S. This new requirement affects eligibility for permanent residence on health-related grounds.

If you seek to maintain F-1 OPT, F-1 STEM OPT or H-1B status through employment – when there is no real job – you run the risk of being found inadmissible under INA 212(a)(6)(C)(i). This law states that you have a lifetime bar if you engage in fraud or willful misrepresentation of a material fact to obtain a U.S. immigration benefit.