INMIGRACIÓN! con MARTHA ARIAS – 08.27.2024

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“Life in the United States, a program with information, advice, and all the news about immigration. The answers that will help you solve and better understand everything related to immigration. Here begins Life in the United States.”

MARTHA ARIAS:
Good evening, dear listeners. This is your attorney Martha Arias speaking, with you as every Tuesday from 7 to 7:30 here on America Radio to talk about immigration topics in the United States. As I tell you every Tuesday at 7 PM Miami time, we are with you on America Radio, 1260 AM, to discuss immigration issues in the United States.

This is a program that has been on the radio for many years, more than 40 years, and I have been with you for about 17 years. Now we are also on Spotify, so if you want to listen to this program later, you can go to Spotify, this audio system for music and also for podcasts.

We are now uploading these programs as podcasts on Spotify so that many people who cannot listen to us live due to work or family reasons can listen to us later. You can go there, search for us, and listen to us. Tell your family and friends too so that they have the opportunity to stay informed with these podcasts that will now become podcasts of these programs.

I am your attorney Martha Arias. First, I will give you the phone number of America Radio so that you can call to ask your immigration questions in the United States. Now, live and direct, the lines are open. I am opening lines immediately so that you can call and ask those immigration questions. The phone number for America Radio is (305) 285-1260, that’s the phone number for America Radio so you can call to ask your questions live and direct. And those listening to us later can also hear those questions or, at some point, call to ask their questions here on 1260 AM, (305) 285-1260.

I am attorney Martha Arias. My website is ariasvilla.com, that’s our website. The name of the law firm is AriasVilla.com, that’s our firm. On Instagram, we are on all social media platforms, on Instagram you can find us as @Martha_Arias98, that’s how you find us on Instagram. On Facebook, you can find us as AriasVillaLaw, that’s how you find us on Facebook.

We are also on YouTube. You can find us on YouTube as AriasVilla, it is also a channel where you can find some programs that we present on Instagram on Tuesdays at 5 PM with a radio station here in Miami that gives us the platform with a journalist. There are also client questions, and I also give the news. So, there you have all the information to contact us, to stay informed on one social network or another, on any of the social media platforms we offer, Facebook, Instagram, YouTube, and now with this podcast that we have on Spotify, where you can listen to us at any time.

Well, today I am going to talk about something very important: the “Parole-in-Place” that President Biden just announced. If you have questions, take advantage and call here at America Radio, (305) 285-1260. This is 1260 AM in the city of Miami, and they give us this space every Tuesday at 7 to talk about immigration. The phone number for America Radio is (305) 285-1260.

Before going to you, the listeners, and we already have listeners on the line, I will remind you of my office’s phone number. My office number is (305) 671-0018, that’s my office’s phone number for you to call if you want to schedule an in-person appointment. I personally attend to you or someone from my team, and you can also call us at (305) 233-3110.

Well, while we are in contact with the listeners and their questions, I repeat, the lines are open, you can call to ask your questions. I will give you the information about this “Parole-in-Place,” this “Parole-in-Place” that President Biden established and started yesterday, August 19.

Who can apply for this “Parole-in-Place”?
People who have been in the United States for 10 years, who are married to a U.S. citizen, whose marriage was celebrated before June 17 of this year, 2024, and who did not enter with an admission or with parole to the country, that is, who entered illegally, perhaps by crossing the border or by sea or by parachute, I don’t know how, but who were not admitted or who do not have a parole. Not only those people can apply, they also have to show that they have no criminal convictions, meaning they are not a threat to public safety, national defense, or border security.

And they also have to be willing to do their biometrics or fingerprinting because there will obviously be a follow-up on their criminal records. These are the people who can apply for this “Parole-in-Place” from President Biden. I recommend to all those people who are married to U.S. citizens, who cannot regularize their papers, precisely because they did not enter legally, because they do not have an admission, that they get moving and apply as quickly as possible.

This application will be electronic, that is, online. There is an application that is 131F, 131F as in Francisco, that’s the petition. It is only online, and well, it is quite important that you do it as quickly as possible because remember that most of the time these immigration issues are becoming political, then a group that doesn’t like the measure comes out, Biden is sued, then they ask for an injunction, and it is blocked. So when it’s blocked, people cannot continue applying. So that’s why you should take advantage and apply as quickly as possible.

I will tell you, after I take the call that we already have on the line, I will also tell you how the children of those immigrants, how the children of that person who is married to a U.S. citizen can apply, or which children can apply. Be ready, I will take a call that we already have on the line. The number is (305) 285-1260, the phone number for America Radio so you can call to ask your immigration questions. I am attorney Martha Arias, let’s go with the first caller. Good evening, how can I help you? Yes, how can I help you? Good evening.

I am attorney Martha Arias, tell me, how can I help you? Yes, please, I think the gentleman is not communicating very well, I am not understanding what he is saying, I don’t know if it’s because perhaps…

No, the “Parole-in-Place” I am talking about, sir, is one that President Biden just announced on June 17, 2024. This “Parole-in-Place” is called “Keep Families Together”. This “Keeping Families Together” is a new program that started yesterday, August 19, 2024. It is different from the “Parole-in-Place” that President Obama issued in 2012 for the parents, spouses, or children of military personnel. In 2012, it’s true, President Obama issued a “Parole-in-Place” that was extended only to the parents, children, or spouses of active-duty military personnel or retired military personnel of the United States armed forces.

This “Parole-in-Place” from President Obama for the children, parents, or spouses of military personnel is still in effect.

So, if a person, let’s say, is not married to a U.S. citizen and has not been in the United States for 10 years, then they do not qualify for this new “Parole-in-Place” from President Biden. But, on the other hand, if it is the mother of an active or retired military member, if it is the child of an active or retired military member, that person can apply for the “Parole-in-Place” from Obama in 2012, which is the one you are referring to.

So, they are two different programs, two “Parole-in-Place.” Okay? Did you understand? Okay, thank you for that clarification, with pleasure.

This information is worth clarifying because people may get confused, of course, since they had already heard about a “Parole-in-Place” before, so people might get confused. The previous one was from Obama for spouses, parents, or children of active-duty or retired military personnel, and this one from Biden is for spouses of U.S. citizens.

Who else can apply for this “Parole-in-Place” from President Biden?

The children of that immigrant who is married to a U.S. citizen and has been in the United States for 10 years can also apply. That child can also apply for the “Parole-in-Place,” but they need to meet some requirements:

1. They must be under 21 years old.
2. They must also have been in the United States for 10 years, from June 17, 2024, backwards.
3. They must also show that they have no criminal convictions or a criminal record that could make them inadmissible or ineligible.
4. They must be willing to do their biometrics.
5. Their mother or father must be married to that U.S. citizen and it must obviously be a legitimate marriage between their parents, between that U.S. citizen and their father or mother. That minor can also apply for the “Parole-in-Place.”

How much does the “Parole-in-Place” that President Biden just announced cost?

It costs $580, that’s the application fee.

Each applicant has to pay the $580, so if Mrs. Maria or Mr. Pedro is married to a U.S. citizen, each of them will obviously apply with their U.S. citizen spouse, and if they have children who qualify for this “Parole-in-Place,” each of them will pay $580. This application is entirely electronic, and all supporting documents also need to be uploaded to the immigration website.

What documents do they need to provide?

They need to provide some form of identification, such as a birth certificate, passport, or a driver’s license or state ID with a photo.

Secondly, they need to show proof that they are married to a U.S. citizen. If the person has been divorced before, either the U.S. citizen or the one requesting the benefit, they also need to provide copies of the divorce decrees. And lastly, they need to provide all the evidence that proves the 10 years of physical presence in the United States. Additionally, the law also requires them to show discretionary evidence that guarantees or allows the person to be granted that “Parole-in-Place.”

What are those discretionary proofs? For example, if they have a license, if they have graduated, have studies, if they have awards, if they go to church, or have recognitions in any field in which they work. They can also present police records showing they have no criminal record. If they have paid taxes, things that show that discretion because this petition is discretionary, meaning it will be considered on a “case by case basis,” case by case, there is no obligation for the government to approve it, so it needs to be well presented.

We continue here on America Radio, 1260 AM. I am attorney Martha Arias, we have more listeners on the line. I will remind you of the phone number of America Radio, (305) 285-1260, the phone number where you can call to ask your immigration questions in the United States. Today we are talking about the “Parole-in-Place” that President Biden just announced, which started on August 19, 2024. If you are listening to us on Spotify, you can listen to us every Tuesday. After 7 PM, the new program is released, so from the following Wednesday, you might be able to find it on Spotify. Every week there is a podcast or a new chapter.

So let’s go with another listener on the line, more people asking questions. Well, they tell me that we still haven’t made contact, so I have some questions sent to us through other means, asking,

“After applying for this ‘Parole-in-Place’ and sending the form, all the documents, and making the payment, what should we expect?”

You should expect a receipt from immigration and another receipt to go and do your biometrics. There, they will take a photo and fingerprints to obviously do a background check on your immigration status or, rather, your criminal record.

I remind those who are listening, the phone number of my office, in case you want to call to make an appointment, is (305) 671-0018, the phone number of my office. I am attorney Martha Arias, our website is AriasVilla.com, and our Instagram page is @Martha_Arias98. Follow us on some of these social networks. And every Tuesday at 7 PM, we are here on America Radio, 1260 AM, and retransmitting these programs too. Before, they were retransmitting on Fridays in the morning, here on 1260 AM. I believe they will now play it on Saturday, the retransmission, so stay tuned, and I will confirm when exactly it will be. In the meantime, they are also on Spotify, so search for my name, Martha Arias, and you will also be able to find us there on Spotify.

Another question, we receive another question from a listener via text, asking,

“Can we request a waiver for the $580 fee?”

And the answer is no, the immigration service will not waive the $580 fee, it must be paid.

Another question we get here is,

“If we are applying for the family, can the children be included in the mother or father’s petition?”

No. Each person must have their own application, so each person must create their own account on the immigration website. The father or mother who is applying creates the account, and if there is a child or several children, each of them must also create their own account, and each pays the $580 fee.

If there are children under 14, who creates the account?

If there are children under 14, the father or mother who is applying must create the account in their child’s name. So the fact that they are under 14 does not mean they cannot have their own USCIS account, only that the parent who is applying with them must create it.

This is other information we have for you at this time. I am attorney Martha Arias, a licensed attorney here in the United States with 20 years of experience in immigration law. Every Tuesday, we answer your questions, listeners, and give you the news.

Today, we are giving the news about President Biden’s “Parole-in-Place,” which started on August 19.

Remember the phone number for America Radio, you can also call to ask those questions. The phone number is (305) 285-1260, the phone number for America Radio to ask your immigration questions in the United States. Also remember, my website, AriasVilla.com, through my website, you can also ask questions, and I will gladly try to answer them here on the program.

Some of the questions I am answering right now were received through our website. I will try to answer as many as I can, obviously, we don’t always have the time, either through this program or another means, maybe directly through our website, we can answer them. AriasVilla.com is the website, and the phone number for our office is (305) 671-0018.

Another question we are asked:
“What does a valid marriage mean? Does it mean that if I get married in another country, the marriage is not valid here?”

No, if you get married in another country, the marriage could be valid here as long as that marriage was valid in that country. Now, you must also keep in mind that if people had previous marriages, you need to ensure that the divorces were done correctly. There are people who get divorced poorly, meaning that the divorce is not done properly. That is why it is important that a lawyer reviews this.

Many people opt for proxy marriages, meaning, for example, one person is here, and the other is in another country. This is not valid, in most cases, for immigration purposes. There are some exceptions, I won’t go into that because it’s complicated, but in conclusion, if it is a proxy marriage, consult with a lawyer, who will ask you some questions to determine if it is valid. In 95% of cases, proxy marriages are not valid.

Now, another thing is marriages that are not against the public policy of a country. An example of this is same-sex marriages. In the United States, same-sex marriages or marriages between people of the same gender are now valid. In other countries, they are not yet valid, so if, for example, two men or two women got married in Afghanistan and in Afghanistan that marriage is not valid, then that marriage will not be valid in the United States either because it is not valid in that country due to public policy.

So, that’s another important point, which is why it’s important to consult a lawyer when you are going to apply for this “Parole-in-Place.”

Another person asks us the question. Remember, we are on America Radio, 1260 AM, I am attorney Martha Arias. Every Tuesday at 7 PM, we answer your questions and provide information about immigration.

We also retransmit these programs on Spotify, so you can listen to them at any time, and it is a super important means to stay informed. If you are driving in your car or going on a long trip, you can play this podcast on Spotify, and you can listen to us because it will be there.

The phone number for my office is (305) 671-0018, and we continue with the questions that also come through the website. I have more questions. The next question is:

“If a person has entered with a tourist visa and stayed, can they apply for this “Parole-in-Place”?

And the answer is no. If you entered with a tourist visa, or a student visa, or any visa with which you were admitted to the United States, even if that visa expired, you cannot apply for this “Parole-in-Place.”

This is only for people who entered the United States illegally, so that question is important.

Here comes a very important question. We will address it in this next segment. First, I will remind you of the phone number for America Radio, so you can call to ask your immigration questions in the United States, (305) 285-1260. That is the phone number for America Radio, so you can call to ask your immigration questions in the United States.

Another question, this one also seems super interesting, is:

“I am a person with DACA, can I apply for the Parole-in-Place?”

And the answer is, it depends. If you have DACA and have never traveled with a DACA travel permit, and if you entered the United States illegally, or your parents brought you across the border, then you might be able to apply for the “Parole-in-Place.”

But if you have DACA and you entered with a visa before, or you have DACA and traveled with a travel permit and re-entered, then no, you could not apply for that “Parole-in-Place.”

Along with that question, I have another very interesting question from the listeners. Remember, I am attorney Martha Arias, remember my office information. I will go to the next segment. The phone number for my office is (305) 671-0018.

The last question:

“If I have TPS, can I request the Parole-in-Place”?

The same answer I just gave for people with DACA. The same applies, if you entered the United States illegally and never left, you can request the “Parole-in-Place.” If you entered the United States legally and stayed after your visa expired, if you had a visa or traveled with a TPS travel permit, you cannot apply for the “Parole-in-Place.”

Well, time is running out, it goes by super fast. I will recap some information about my office before saying goodbye. First, I will remind you of my name, Martha Arias, attorney Martha Arias, your immigration attorney with 20 years of experience. I am located in Miami, near Dadeland Mall, in a building called Datran. The last Metrorail station arrives there, so it is very easy to access.

The phone number for my office is (305) 671-0018, that’s the phone number for my office. My website is AriasVilla.com, that’s my website, and our phone number is (305) 671-0018.

Thank you for listening. I am with you every Tuesday at 7 PM, and you can tune in to us on Spotify at any time. I hope to see you next week, and I hope you tune in to us on Spotify. Thank you for listening, and we have more immigration topics for you next week. Good night.”