Hi, and welcome back to Unite Immigrant Families. I'm Rosemary Vega, and I'm an immigration attorney in Houston, Texas. And today I have Magali Candler. She is also an immigration attorney in Houston, Texas. Hi, Magali. How are you today? Hi, Rosemary. I'm doing great. Thank you for inviting me. It's a pleasure.

It's always fun to have you on. So today I'm super, super excited because we have a new executive order that I think is going to help lots of people in the immigration realm. Um, yesterday President Biden signed an executive order, um, It's a new action to keep families together. Um, this new executive order, he wants to help mixed status families have some peace of mind.

He wants to help them stay together in the United States, meaning, you know, so many of the families, they had to, because they entered the United States. Iwi, meaning entry without inspection, without a visa. So many of them had to consular process, meaning they had to leave the United States and they couldn't end consular process.

And when they did that, so many of them had the risk of maybe not being able to come back for a couple of years because as you know, at the consulate, you never know what's going to happen. Right. And they do trigger a 10 year bar anyway, when they leave, some might be able to have that provisional waiver here first.

And as you said, even with that, no guarantees. Yeah. So that's, it's really scary for a lot of these families, especially if, um, a mom or a dad came in with their minor children, you know, they're considered alien smuggling. Oh my goodness. So, they, those individuals really did have to do the waiver outside of the United States and had to wait years.

Exactly. Even if they're not out the 10 years, they still leave, trigger a 10 year bar, have to do the waiver of the 10 year bar and the waiver for alien smuggling just for having brought their children here. No wonder people are afraid of doing the consular processing under these circumstances. Right. So with this new program, it's giving the option for these individuals to be able to get a parole in place so they could do their adjustment of status here in the United States, which would be wonderful.

Exactly. Forgive me as if they entered legally. Correct. Correct. So the requirements, um, from what I'm reading is Um, and it says that these individuals have to be married to a U. S. citizen as of June 17th, 2024. They have to be physically present in the United States for at least 10 years as of June 17th, 2024.

And they have to be present in the United States without admission or parole. So let's, let's talk about the very first requirement that we talked, that I read, which is being married as of June 17th. That sounds so simple, right? Being married. It sounds simple. Jinx. But in Texas, but in Texas, Magali, what do we have?

We have common law marriage, what is recognized, and in a way that it complicates it a little bit, but it also makes it so that people who are not formally married, as of June 17, They can still register their common law marriages if they qualify. And in Texas, you have to have an agreement to be husband and wife.

You need to live together and you need to be otherwise eligible to be married. So there are lots of things to look at, but they can go and register their common law marriage going back before June 17th. But there are other things to look at. And don't you agree they should go consult with a good attorney before doing any of this?

Oh, absolutely. Because you don't want to definitely, you don't want to, um, cause any problems because I know I've seen where they've registered a common law marriage when they shouldn't have, or to a date where they really shouldn't have, you know, um, maybe the U S citizen spouse naturalized and they got their green card in a way that, um, they needed to be single when they got their green card.

So, and they were living with their U S citizen spouse or their, their current spouse at the time. So you've got to be really, really careful. Uh, To make sure which is the date that they use, they also need to make sure that they were not still living together, excuse me, married to somebody else, when they used the date of when they started living together.

Many people are separated for many years before they start living together or while they're living together. But then they need to be careful that the date for the common law marriage is starts after they're divorced from that person that they were separated from, for example. Yes. So it's really important.

And if you already have, you know, immigration proceedings going on right now, or if you have, you know, your, your LPR spouse that may be naturalizing, they have proceedings. So you've got to look at everything. Um, So it's really, really important to, you know, or your, there's so many, so many things to look at.

So definitely go consult with a competent immigration attorney before you go and register that common law marriage. Very important. Good advice. Yeah. So next, let's talk about physically present in the United States for at least 10 years prior to June 17th, 2024. So that sounds pretty straightforward as well.

However, you know, you're gonna have people ask you, well, what if I left? the United States for just a couple of days. I left for a week because my grandma was sick or my mom was sick home and I came back. You know, is that going to count against me? Yes. That could be a serious problem for someone who entered without documents and who has been here without documents over the age of 18 and or even before they were 18, but having a year in the aggregate without permission to be here.

And that's a serious problem. They leave to go see their sick grandmother. They trigger a 10 year bar. And then they enter illegally again. That's so serious. Rosemary, tell us what does that? Yeah. So I'm sure a lot of people have heard what's called the permanent bar. And I tell clients it's, it's, it is a permanent bar.

You know, you're, there's no waiver for it. That's why it's called the permanent bar. And you'll hear attorneys say two 12, a nine C that's, that's like, Death for so many people because there's no waiver for it You've actually have to go to your home country and sit out 10 years and then you need to do an I to 12.

Yes to reapply Not guaranteed And not guaranteed, but so really what it is, it's a permanent 10 year bar and it cannot be spent inside the United States like the regular bar. Correct. So it is serious. Yes. And I just see, we will see people who are ineligible because of that. And I just want to point this out because I've noticed on a whole bunch of listservs that I'm on.

And you're on these listservs as well, Magali, um, people are, are already saying, Oh, you know, I'm, I'm thinking that, um, whole bunch of, I've consulted with clients and I think these people are going, who are, um, they have the permanent bar, but now they're going to qualify and they're not. They're not. If you are permanent barred, you're permanent barred.

These regulations, the memo that came out, the executive order that came out, it did say you have to be, um, otherwise eligible to adjust your status essentially, otherwise, um, admissible to the United States. Exactly. And that's an inadmissibility that cannot be waived. Yeah. So it's really important to note that.

Um, So statute would have to change Congress would have to change the law and that's not going to happen anytime soon Right, so I just really want to stress that because I've you know Just be before we got on to record today. I was reading a List serve and that's one of the things I saw and a whole bunch of other attorneys were saying This does not apply It is in no way going to change the permanent bar.

Those individuals are not going to qualify. So I really want to stress that. Please go consult with a competent immigration attorney. If someone tells you, Oh, you can, you're permanent barred, but you can apply for this. Go get a second opinion, please, please, or third or fourth, because it's really important.

Um, cause I think it's. I don't think it's going to waive the permanent bar in any way possible. It really couldn't without the law changing. We will see, perhaps it will happen, but no, they are not otherwise admissible. Right, right. And you know, we, we've talked about what can you prove to show the 10 years, you know, it's 10 years is a long time.

You've got to prove 10 years that you're physically in the United States. And these are people without documents. Correct. So it may not be as easy for them to collect evidence of being here those 10 years. Yep, yep. But most people have children. Um, so children's birth certificates, um, medical reports, um, medical records, paycheck stuff.

Yep. Yep. Yep. Some may not have that. Yeah, I know. But more than sworn statements from people who have known them, that would be the last resort evidence. But it couldn't hurt to corroborate some of the other evidence that they have. But it would have to be done very well, very detailed, not any cookie cutter sworn statements that each look exactly the same with little things.

No, no, no, no. Each person knows this person a different way from a different day. Yes. Yes. Could also use things like that. Very well prepared. Yes. Absolutely. Absolutely. Um, lease agreements, you know, rental contracts. Taxes, you know, taxes. Yes, I know that does may not prove that you are here for full year, but taxes, I do think still help.

Um, you know, there are photos, photos. I still think help and I like photos. I do too. Saying, you know, we were here at the, we went to the Austin, I don't know, the State House and took pictures there. And usually it's things like that, often do have the date on them, not always, but at least it shows they were here.

And maybe with the age of the children as well, if it's pictures with children, things like that. We have to start getting creative. Oh, their time here, the last, the 10 years, but usually people can collect enough for each month of each year, but it's quite an endeavor when we are proving 10 years and we have to prove 10 years for cancellation of removal cases, regular ones.

And so we're used to it, but it's a lot. It is a lot. They should go to a good attorney. That's helping them think about what they can do. How do we prove it? You know, and 10 years is a long time to prove. And you know, for these cancellation cases, when I prove up these 10 years, I'm usually submitting over 500 pages, you know, documents, same, so I want, I want people to start thinking This is going to be a large packet that's going to be submitted.

A big filing. Yes. Yes. It's going to be large, over 500 pages. Easily. Yes. Yes. So it, it's, yeah, because 10 years is a long time. Yes. They need to start really thinking how to prove their 10 years here and what does, and start collecting evidence. Yes. Um, and then being present in the United States without admission or parole.

So basically you entered the United States without a visa, without being paroled. So if you, if you left the United States and came back with advanced parole, you don't qualify for this program, but. Magali? You know? You don't need it then. That's right. So if somebody enters legally from the start, or traveled with advanced parole, with permission, not what we were talking about, the permanent bar, but somebody with permission, they can already adjust status through their U.

S. citizen spouse. They don't need this parole in place. Yeah, so this is, this is great. This is great for a lot of people. Now, we, I talked about they have to be otherwise eligible to adjust or basically otherwise admissible to the United States. Um, You know, and it also states here that, um, individuals must have no disqualifying criminal history or otherwise constitute a threat to national security or public safety.

So crimes, you know, I, I represent people with, with some crimes and, and I know you do too Magali and some of the crimes are waivable. Yes, yes. And so, there are waivers for crimes involving moral turpitude. Crimes that, where they got, for example, it's a crime involving moral turpitude, where they had a term of imprisonment of 180 days or more.

Um, for, you know, that was, even if it was fully probated. That would need a waiver. If you had two shopliftings, there are exceptions, of course, with one shoplifting, one minor crime involving moral turpitude, you wouldn't need it. But if you have two shopliftings, waivable, and I believe that they will allow people who can do waivers.

We're eligible to wait for waivers to move forward. What they're talking about would be things that may not be waivable, such as if you're a drug dealer, no waiver for that, for example. Correct. Or, um, you know, another, another one that I'm thinking that you may not even, So, something, if you have a DWI, one DWI, usually you're not even going to need a waiver and you're still able to, you know, be admissible to the United States.

You're going to, usually you're fine. You know, small, small things. Sometimes you have an exception as long as it's a crime less than 180 days. Usually you fit that little exception. So if there was one before you were 18, right, right. So, so you really need to go talk to, if you have a crime, you really need to go talk to a competent immigration attorney.

Um, now, again, if you have a serious crime. You definitely need to go talk to an immigration attorney to see if you qualify for a waiver. Because that is very, very important. Exactly. Yeah. And there are some things that are not waivable, or again, if they think somebody is a danger. I still think that we have to be very careful with DWIs.

They do take them seriously. Yes, they do. And for DACA, the Deferred Action for Childhood Arrivals, a conviction for a DWI is considered a serious misdemeanor. It is. And it will not prevent you from getting permanent residency. Normally, so let's hope there's no weird special rule for that, but I still think people need to be careful in any arrest.

Again, they need to have spoken or go and consulted with someone with a competent immigration attorney. As we've been saying over and over, it is so important for this kind of work. Yes. And one other thing is children. So children qualify as well. and stepchildren. So U. S. citizen spouse marries to a foreign national and they have children who weren't born in the United States or the foreign national has child and so, you know, they weren't born in the United States.

So they qualify as well, which is great. Um, Let's keep in mind a child definition for the child under the immigration law is someone who is under 21. However, with a stepchild they have to be married before that stepchild turned 18. And as long as they married before they were 18, then if they're under 21, they would count as a child.

Yes, so that is very, very important. Um, so, Mary, we don't have regulations yet. No. What is it that you've read or heard about that? Because I think people will be very curious, people who are excited about this like we are, will want to try to do this as soon as possible. And right now you and I can't, we can't even represent anyone for this.

Uh, what, what have you heard about what the next steps should be? Right. So unfortunately we have this great new executive order and then they tell us, but you can't file anything right now. So you have to wait until the regulations come out. And I've heard that the regulations will come out sometime in the summer.

Now, uh, normally regulations come out and then there's a comment period. And I think Magali, do you remember the comment period is how many days? Yes. Yes, I, um, with regulations normally, I've seen 30 days, but I know it can go at least up to 60 days. Generally, I've seen 30 day comment periods, but whenever I thought about these regulations, I kept thinking, Oh my goodness, they just can't come soon enough because there is going to be probably some sort of comment period of at least 30 days.

Right. So I'm thinking that we're not going to be able to file any applications until September. At least. I hope. That's what I'm thinking at this point. I hope you're right. I really wish it would be as early in the fall as possible. Right. Right. Right. But I do urge people to go seek. Consultations with an attorney because they need to make sure they qualify.

They need to start gathering their documents. Yes. And they need to, because the gap, obviously 10 years, you've got to, you got to figure out, first of all, am I, am I legally married? First of all, and gather all your documents 10 years. Yes, I think people can start consulting. And I know that you and I have existing clients for whom we're probably beginning to do or think about the provisional 10 year bar waiver or whether they have to go and wait outside.

So with those existing clients, I think we can already start reaching out. Some of them I know have started calling us already, and so we also can start thinking and our colleagues can start thinking about their existing clients who may qualify, but we need to get people to start at least collecting evidence and consulting with competent, good immigration attorneys.

Yes, absolutely. It's very, very important. Now, um, Magali, once, once we're able to apply. for, for the parole in place. My understanding is they're going to give parole and they're going to get a work permit for, I believe it's three years. That's what I understand. That would be so special. I mean, in a way that makes me even more excited.

I don't know how quickly they would issue, I don't know if they would have to do like a prima facie finding or an approval first of the actual parole in place before you could get a work permit. I think the regulations will make that clearer, but I am so excited about people being able to get employment authorization.

Social Security numbers, then when they get that, and then driver's licenses. How exciting. Right. Now, what's unclear to me right now is, do they have to wait three years before they can actually file to adjust their status? That is not clear. And if you think about visas that I know you've probably discussed in another, in another podcast, such as the T visa and the U visa for victims of trafficking and victims of certain serious crimes, those require that you first get that T or U visa and that you have it at least three years before you can file.

So it will be interesting to see if they treat this that way, but really they shouldn't. Because anyone who has entered on advanced parole, a real parole, you know, and really traveled in and been allowed to enter, or who entered with permission with a visa 20 years ago, they can just apply immediately a one step petition and adjustment through their U.

S. citizen. So I would like to think that they would not make them wait another three years. That would be such a weird punishment. I don't