On June 18, 2024, President Biden announced a new program entitled “Process To Promote The Unity And Stability of Families”, for immigrant spouses of U.S. citizens.
The proposal relied on a concept known as Parole-In-Place, one of the three different types of parole used in immigration law.
Under parole-in-place, immigrants are already in the U.S. – who have not been admitted – are allowed to remain in the United States. Generally, this form of parole has been reserved for specific family members of a current or past member of the U.S. military.
On November 7, 2024, the Biden proposal was struck down by a federal court. Nonetheless, parole remains an important concept for immigrants to understand.
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A motion to reconsider asks USCIS to reexamine its decision based on the improper disregard or misinterpretation of applicable law.
In general, a USCIS I-290B motion to reconsider is filed after an immigrant has lost his case, but the government has made an error or law.
The legal error motion may cause the agency to correct its mistake, which was utilized as the basis in the prior determination.
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A motion to reopen asks USCIS to reevaluate its decision based on new evidence or changed circumstances.
In general, a USCIS I-290B motion to reopen is filed after an immigrant has lost his case, but new facts and information emerge.
This evidence may enable an immigrant to seek relief which did not exist at the time of the unfavorable decision against him.
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