Introduction to the Parole in Place Policy

Disclaimer: The Parole in Place (PIP) was just announced by the Biden Administration on June 18, 2024 and has not yet been formally adopted by the government and has not yet begun. Please use this article for general information and planning purposes only. Update: Applications for the new PIP program is now open since August 19, 2024. Details are available on the Office of the Federal Register, National Archives and Records Administration (NARA).

Looking to settle in the United States and remain close to your loved ones? This could be your opportunity to create a fulfilling new chapter together. Imagine living with your family by your side, all while enjoying the freedom to work and contribute to your community. The new Parole in Place (PIP) policy has just made it easier than ever for undocumented family members to stay and apply for a green card. Here’s everything you need to know about this policy. 

Why Now is the Best Time to Stay in the United States

The PIP policy in the United States is a game-changer in immigration. For many, staying in the United States long-term used to mean jumping through hoops – whether you were applying for a visa based on employment, marriage, or through costly legal fees. But PIP is breaking new ground and offers a streamlined path that makes the dream of staying in the United States a reality.

Who is the PIP for?

The PIP is a discretionary policy implemented by the U.S. immigration authorities that allows certain undocumented family members in the United States to apply for a green card without having to leave the country. The new series of actions to PIP aim to make it easier for undocumented individuals to live, work, and integrate into American life.

What are the PIP Requirements?

If you’re a spouse or child of a U.S. citizen who has been living in the United States for at least 10 years, there’s new hope for your path to permanent residency. As of June 17, 2024, you could be eligible to apply for a green card without leaving the United States, provided you meet a few key criteria:

• You’ve been living in the U.S. without leaving since your entry.
• You’re legally married to a U.S. citizen or have a qualifying stepchild relationship with one.
• You have no disqualifying criminal history or threats to national security.

If you meet these conditions, you might be granted Parole in Place for up to three years, along with employment authorization for the same period. Once granted, you’ll have three years to apply for your green card. According to FWD.us, eligible individuals will also be able to apply for protections for their children. These steps will help keep two million American families united, offering hope and stability to up to 50,000 undocumented children and young adults who are deeply cherished members of their families.

Additionally, if you’re a college-educated DACA recipient or Dreamer with an H-1B visa offer related to your degree, you could more easily secure a temporary visa. This is your chance to solidify your future in the U.S. and build a life without the worry of leaving the country.

Uniting American Families

The PIP focuses on keeping families together, and its clear, supportive framework offers undocumented spouses of U.S. citizens  a chance to secure their future and embrace their American dream. It offers the opportunity to stay united with loved ones while taking steps toward a permanent place in the community they call home. The policy combines temporary parole with work authorization, allowing approved applicants to live and work in the United States while their residency applications are reviewed. What’s more, it offers the promise of extended stability with a three-year parole period and protection from deportation, giving families the security they need as they pursue permanent residency.

What are the Benefits?

• Streamlined Residency Path: As stated above, the new Parole in Place (PIP) policy makes it easier than ever to get a green card. Eligible spouses can apply for residency without the need to leave the country, making it easier and more efficient to adjust their status.
• Expanded Eligibility: The new PIP policy includes undocumented spouses of U.S. citizens, broadening the scope of who qualifies and providing more individuals the opportunity to secure their legal status.
• Keep Your Family Close: PIP ensures that spouses of U.S. citizens can remain with their families, preserving family unity and alleviating the stress and emotional toll of long separations.
  
• Legally Work While You Wait: Approved applicants receive work authorization, allowing them to contribute to the U.S. economy and support themselves and their families while their green card applications are processed.
• Secure Your Future: PIP offers temporary parole for up to three years, providing protection from deportation and a clear route to permanent residency, granting families the stability they need as they work towards their long-term goals.
• Easy-to-Follow Criteria: With straightforward eligibility requirements, PIP simplifies the process, making it easier for eligible applicants to understand their options and move forward confidently.
• Live, Integrate, and Thrive in the United States: Enjoy the flexibility to live, work, and settle in the United States as your permanent residency application is reviewed, opening doors for personal and professional growth.
• Protection from Deportation: PIP grants temporary relief from deportation, providing a sense of security for the duration of the parole period. This protection enables families to focus on their lives without the constant fear of removal from the country.

When will the PIP be Available? Will Requirements Change?

Even if the PIP policy was announced, no implementation date has been confirmed. That being said, we suspect it to be in the next few months because the policy’s announcement aligns with typical government timelines for rolling out new immigration measures. Often, such announcements are followed by a period of preparation and system updates to ensure smooth implementation. All of these suggest that the official rollout may only be a matter of time. Here are some important things to know during the wait.

• No Applications Yet: You can’t submit an application for Parole in Place (PIP) just yet.
• Early Applications Will Be Rejected: If you try to apply before the official start date, your application will be turned away.
• Avoid Fees for Now: Don’t pay anyone for filing services at this time. Be cautious of anyone asking for fees before the program officially opens.
• Be Cautious and Patient: Take the time to seek proper guidance. Getting the wrong advice could jeopardize your chances of staying in the U.S. or achieving lawful status.
• Watch Out for Scams: Be wary of notarios and other consultants promising quick results or special deals. Many of these individuals are unlicensed and may end up costing you more than working with a qualified and licensed immigration attorney. Always ask for proof of credentials and keep a record of that evidence.
• Legal Challenges Ahead: This program could face legal challenges that might affect its implementation. It’s important to have an experienced attorney to navigate any potential obstacles, which is why we recommend and encourage you to consider contacting and keeping in touch with us.

Steps to Take Now Before the New PIP Program

Below, we have provided a preliminary checklist of documents/evidence to help you get started. You need to show you meet the following three requirements through the evidence listed under each section.

1. Proof of Continuous Residence in the U.S. for Ten Years:

• Utility bills (electric, water, gas) showing the client’s name and address for the past ten years
• Lease agreements or mortgage statements covering the past ten years
• Bank statements showing regular transactions over the past ten years
• Employment records, including pay stubs and W-2 forms, for the past ten years
• School records for any children listing the parent and address of record
• Medical records showing the client’s name and address over the past ten years
• Insurance policies (health, auto, home) listing the client’s name and addresses
• Income tax returns filed for the past ten years
• Affidavits from neighbors, landlords, or community members attesting to the client’s residence over the past ten years

2. Proof of Relationship to U.S. Citizen Spouse:

• Marriage certificate
• Joint bank account statements
• Joint utility bills
• Joint lease or mortgage documents
• Joint tax returns
• Birth certificates of any children born to the couple

3. Proof of U.S. Citizenship of Spouse:

• Marriage certificate
• Joint bank account statements
• Joint utility bills
• Joint lease or mortgage documents
• Joint tax returns
• Birth certificates of any children born to the couple

Additional Supporting Documents:

• Any other credible evidence that supports the client’s continuous residence and relationship to the U.S. citizen spouse

Stay Updated and Prepared for the PIP Policy with HBM Law

Are you curious about how the PIP policy might change in the coming months? Interested in being among the first to apply for PIP once available? Please reach out to us or visit our latest updates as well as news and details about other long-term stay options. At HBM Law, our principal immigration attorney, Himani Bhardwaj, and the team focus on family immigration and making America your home, and have helped hundreds of families just like yours stay together in the Land of Opportunities.