Transcript:

Vi Nanthaveth 

Hi my name is Vi Nanthaveth. I am owner and founder of Nanthaveth & Associates and I’m so happy to be here today. Thank you so much for having me Scott. Nanthaveth and Associates is located out of Austin, TX. We are comprehensive immigration law firm and this is pretty much all we do. Family immigration and employment based immigration. 

Speaker 

Good morning. Thank you. 

Scott Berry 

And I’m Scott Berry, your host for this episode of Immigration Nation. We’re super excited to have VIhere today. We’ve actually known VI since 2017. 

Vi Nanthaveth 

Ohh has wow. 

Scott Berry 

So like 6 years now and she is absolutely one of our favorite attorneys and we’ve enjoyed watching her firm grow. It was it was small. We first met you and your success has just been inspiring as it’s the firm has doubled in size and probably doubled again and you’re serving. 

Vi Nanthaveth 

Yeah. 

Scott Berry 

So many people in in the the Texas and now national. Space that you know, it’s just an honor to have you here. Thank you. Thank you. So the due in large part to a lot of things that are happening around the globe, right? I mean it’s it’s kind of chaotic and it seems like it always is, but seems like the US has been a familiar destination for a lot of people. Seeking protection, right? So legal solutions have been in place for quite a while, right? Like, we anticipate that people will continue to come to the US asking for protection. Right. The key is recognizing. How to guide them, you know to the right solution and one of those solutions is parole and place. It’s got kind of a weird name, right. So you should probably explain what it really is and how it gets used. So what? What is parole in place? 

Vi Nanthaveth 

Correct. Please. It’s just like it sounds it’s you are paroled basically in the place that you stand. So let’s just say you came to the United States and you did come here illegally, or even if you came. But maybe you overstayed and there aren’t any options for you. This is possibly one option and and and the military parole in place. Which I think is 1. Honestly one of the best programs that the government our government could have implemented. You know, it’s just, you know, the military holds a little special place in my heart and we can discuss that later if we want to. But. 

Scott Berry 

Yeah, certainly. 

Vi Nanthaveth 

What’s good about it is that as if you know these brave men and women that serve in our military. They already have to worry so much about everything else and the stress they are saving the world, basically. 

Scott Berry 

Yeah, risking their lives and. 

Vi Nanthaveth 

Risking their lives and the last thing they need to worry about is whether or not their loved 1 is going to get deported. So what I mean by saying, when I say this is such a great program is to be implemented for them and their families. Is that right there so that that’s one less thing they need to worry about? 

Scott Berry 

So if someone has like a loved one or a spouse family member that has. Immigration issues parole in place is something that might apply to them. 

Vi Nanthaveth 

Possibly yes. 

Scott Berry 

Right. So who who can apply for the program? 

Vi Nanthaveth 

To be specific. So let’s say you’re a. You’re in the military. Whichever branch, whether it could also be the reserve, it could be the National Guard. You can also be a veteran. And active duty. You can also be honorably discharged, so as the family member that would be considered petitioning. Those are the categories now for the person that you’re filing for. That could be your spouse. That can be your children or your parents. 

Speaker 

Vi Nanthaveth 

And now, of course, you know our military, they’re U.S. citizens. That, that, that are that are serving. 

Scott Berry 

That could be anywhere in the United States. 

Vi Nanthaveth 

Anywhere in the United States, as a matter of fact, with the words of those who have served, can also possibly be eligible for this as. 

Scott Berry 

1. OK.

Vi Nanthaveth 

Well. And and and and as long as you meet those requirements there, that’s kind. Of where we start. 

Scott Berry 

What happens if there’s already like removal? You know, proceedings in place of anything related to deportation and like it’s actively happening? Is it too late for them to reach out to you? 

Vi Nanthaveth 

No, absolutely not. Not too late as long as they don’t have any other major and admissibility issues. So in other words, you know, if you have multiple entries, illegal entries and things like that, but what we would normally do is that if you are currently in deportation proceedings or removal pros. Meetings. We would have a whole packet together, ready to go to prove that you qualify for this military parole in place, along with a petition for alien relative that they would file, and then we would request that the case be terminated in court because technically, Department of Homeland Security, when you get to the. Court portion of this they don’t have jurisdiction over that, so you would terminate it and then it would get kind of pitched back to USCIS, which is more on like the administrative side and then they are the ones who make the decision on the. 

Scott Berry 

So you know the world can be kind of sticky place, right? I mean, it’s not clean things happen, right? What if what if your family member has been? Convicted of a crime and that’s on their record. Does that just? 

Speaker 

Scott Berry 

Nullify their chances at all. Is it semi kill them? Totally kill. 

Vi Nanthaveth 

That’s the thing we kind of have to really look at what that criminal conviction is. So it’s it’s it’s the same thing. Whenever I when I’m looking at someone, whether or not they are eligible for a green card, just on a regular normal basis of qualifying through a family member, not doing this parole in place, you know, so some of the things I would ask of course besides. How how many times is it just the one time that you’ve entered? How many times have you enter? But I would also ask, do you have any criminal convictions? Have you ever been arrested? And then we look at those convictions and see if it would then trigger an admissibility issue. So we kind of have to make sure we vet through all of that. Obviously, we don’t want to make our clients vulnerable, right. I mean, at the end of the day, you look at all of that and you make. An assessment and say, OK, this might not be for you. We don’t feel comfortable putting you out there. You are going to make yourself vulnerable. Possibly if you get denied for this, you might get put into proceedings. 

Scott Berry 

So. Let’s say that someone met with you and you thought this might work, right? How do how do they apply? What’s that whole process like? If you think it’ll actually work and they want to hire you, for example, to apply? 

Vi Nanthaveth 

First thing again, once we have like you said, you know, we vetted everything. All the requirements are met. The elements are there. Then what we do is we first file for the I-131, which is technically it’s like a travel permit application, but we use that to also file for the parole in place. And you know the evidence that are included that’s in there. We put the packet together that gets sent out. That’s probably going to take. Initially, when this kind of first started it, it went through really fast. I mean it was taking like 2-3 months, but now what we’ve been seeing at least where we are and. It can take up to a year sometimes, so you have to be a little patient with this once it gets approved. Now you’re into the next step, which allows you to file for that adjustment of status and that’s the green card process. 

Scott Berry 

Is there a lot of proof that goes with it? I mean, is it not that big a deal or is there a lot of things when you’re getting ready to apply things that they have to provide things that you have to prove out? Is that a big issue? And PIP or not? 

Vi Nanthaveth 

Well, just like we were saying earlier the, you know, the proof for the PIP portion of it is going to be whether or not you’re active duty veteran, honorably discharged and which branch and you know and all of that. 

Scott Berry 

But they’ll have to provide those documents and all. 

Vi Nanthaveth 

Yes, we do. We we ask for the documents to prove that they have been part of the military, the reserve or you know, whichever branch it is. So we do ask for that and then we do. Actually include proof of marriage or the relationship to the person. So we would, we would have all of that because technically what we’re what we are applying for is for the applicant and then we’re attaching the evidence that that applicant is the spouse of the military person. So that’s how we do that. 

Scott Berry 

Gotcha. So is the process similar to some of the other visa processes and things where like there’s actually interviews with like USCIS and stuff it? Is that true? 

Vi Nanthaveth 

With the Paroling place part now I’m the paroling place that we have filed. They just kind of. You know, we get that filed, the decision is made, we get the approval back now we take that and then now we move to the next step which is the adjustment of status step that is the process for the green card portion of it. And in that step, yes, there would be an interview there. 

Scott Berry 

So as long as you get approval back then you can move right into an adjustment of status and pursue the green card. Now it’s not guaranteed. 

Vi Nanthaveth 

Pretty much. Yes. No. 

Scott Berry 

Like that, they’ll get it. Some get it and some don’t. 

Vi Nanthaveth 

So again, you know, even though we vet all of this, but things can happen right sometimes in the middle of this while everything is pending, what if this person does get arrested? What if something else does happen? What if all of a sudden they let us know? Ohh. FYI, in the initial meeting I had with you, I forgot to tell you this and that. 

Scott Berry 

Yeah, again, that happens. 

Vi Nanthaveth 

Happens. 

Scott Berry 

Right, because people don’t want to just come clean and have you give up on them, right? 

Vi Nanthaveth 

Exactly. Exactly. 

Scott Berry 

That’s another whole episode that we should talk about that right, because they don’t realize they’re shooting themselves in the foot, that it’s not going to. It’s going to get found out. 

Vi Nanthaveth 

Right. That’s a whole right, exactly. And that’s the thing. One of the first things I say to them in that initial consultation is please be honest with me because you know there’s always possibilities of us getting this fixed prior to putting anything out there or I’m just going to be very transparent and straight up with you and let you know. 

Speaker 

And. 

Vi Nanthaveth 

You can’t do this, or you’re going to make yourself vulnerable to deportation money, yes. 

Scott Berry 

You waste a lot of time. Make yourself vulnerable money. Exactly. So we’re. So we’re talking about money right now. I know you can’t speak for every attorney all over the United States. And so there. You know that there is no like, fixed common cost for this process. For every case with every attorney, it’s going to vary. 

Vi Nanthaveth 

MHM. 

Speaker 

Hmm. 

Scott Berry 

I know. Can you give our listeners just a little bit of a range of what it might cost to to do the program? 

Vi Nanthaveth 

Sure, sure. You’re probably looking. I mean for us the PIP we charge six, 1695 to just do that portion of it. And then once that gets approved, then we go ahead and do the adjustment of status and you’re probably looking at a range from 3 to $4000 on that. About those are just the attorney fees. Now there are fees that go to the government, the government, the PIP portion, no fees there that they actually don’t ask for fee for the government. On the green card process is where the fees come in and you’re looking right now. And of course these fees change every so often. But right now, as we speak, you’re looking at about 535 and 1225 dollars. 

Scott Berry 

And that’s if you go through the entire process and make it through there. So. So you mentioned earlier that you know this program was special to you and I think you’ve got a little bit of a story behind that. Would you mind sharing? 

Vi Nanthaveth 

Correct, correct. 

Scott Berry 

That with us so. 

Vi Nanthaveth 

Just briefly, you know, I don’t really talk about this. All that. But I myself am a refugee from Laos. We my family and I were escaping communism at that time. And we were able to get out of there and the US military played an instrumental role in in saving my family. And so I think maybe somewhere kind of, you know, ingrained in the back of my head, I probably. I remember as a young child, the military uniform or you know, something like that, that’s now been ingrained in me. 

Scott Berry 

And you know the history. You know how it happened. 

Vi Nanthaveth 

Right, yes, yes. And you know, Mom and Dad doesn’t really go into too much with it. I’m sure there’s a lot of very hard spots there for them to bring back up, but I do know that, you know, any time a military does meet with us, it’s just one of those things that have a soft spot for because. Honestly, coming to the US, being able to come here as refugees. Is. Being able to be given the opportunity to to be a part of what back home we knew as the promised land, you know, this is literally this is better than for us. Any lottery ticket that we could have? Won. And so, you know, you come here and you make the best of it. And hopefully I’ve made my parents proud. And I’ve made the US proud, you know, that this wasn’t just some wasted thing. I mean, we we we are very, very thankful for being given the opportunity and honestly at the end of. The end of the day being saved from our situation. 

Scott Berry 

Wow. That. I mean, that’s really touching. You know, that’s what a fantastic story. Thanks for sharing that. You know, I’m sure it has a lot to do with how you develop connections with your clients and your empathy towards them, because this isn’t just a job. 

Speaker 

Yeah. 

Vi Nanthaveth 

You’re welcome. 

Scott Berry 

For you. I mean, it’s so much more. 

Vi Nanthaveth 

Correct. Yeah. Yeah, it’s. I don’t think you can do this job unless you have built into your DNA. 

Scott Berry 

Some kind of motive internal, yeah. 

Vi Nanthaveth 

Compassion. Empathy. I mean, as a matter of fact, my staff that I have anytime I interview them, I always want sort of a a background. Like why? Why do you? Want to do this and every single one of them have some connection to immigration, and I think that that is very much needed in order for us to serve our clients the best way that we can. 

Scott Berry 

So thank you VIit’s been incredible having you on the show today VIAgain an immigration attorney out of Austin, TX, one of the top and also expanding. And you do you have a lot of clients in Texas and outside of Texas as well. So and you have an incredible. 

Speaker 

You’re welcome. That’s right. 

Scott Berry 

The firm that has grown since we met you. It’s serving so many needy people with legal solutions in the immigration world and it’s just wonderful to have you here to our audience. I hope you enjoyed the show. And you know, you’re welcome. We’ll have the information nearby to reach out to VIif you have questions. Either way, make sure that you take advantage of the experts in the field to get educated on your options this podcast. 

Speaker 

Absolutely. 

Scott Berry 

Been prepared for general information purposes only and is not legal advice. This information is not intended to create and receipt of it does not constitute an attorney-client relationship.