Introduction to the New Parole in Place (2024)

Disclaimer: On June 18, 2024, the Biden Administration announced the Parole in Place (PIP) program specifically for spouses and certain stepchildren of U.S. citizens.

This program is designed to help noncitizen spouses and certain stepchildren of U.S. citizens remain in the United States while they adjust their immigration status through marriage to a U.S. citizen. For additional details, please refer to the Federal Register notice published on August 19, 2024, or visit the USCIS website. Visit our other blog post, Parole in Place (PIP) Makes It Easier for Undocumented Spouses of U.S. Citizens, with a few pointers and a preliminary checklist to help you get started.

Update: The new PIP program has taken effect as of August 19, 2024 and applications are now being accepted. Due to the lawsuit against the PIP program, USCIS continues to accept PIP applications and schedule biometrics appointments until September 23, however, USCIS cannot adjudicate the applications at this time.

Our Approach: Call us to find out if you are eligible for the PIP. We will conduct a PIP screening to ensure that not only are you in first instance eligible for PIP but also that there are no other inadmissibility grounds “under the hood” that can create roadblocks ahead. We will create a customized strategy to help you laser focus on evidence you should obtain, material information about your background to cross-check and draft a compelling discretionary statement of why you merit a favorable exercise of discretion required for every PIP application.

A “discretionary statement” is your opportunity to tell your story in a way that persuades the officer to make a favorable decision, which includes key facts about your life such as your character, contributions to the community, family ties, hardships you might face if your application is denied, and any other positive factors that show why you should be allowed to stay. We can make and present your case for why you deserve their compassion and understanding so that it has a strong chance of approval.

The New Parole in Place: The Family Element

According to the American Immigration Council, the new PIP could help keep two million American family members, including up to 50,000 undocumented children and young adults. For years, advocates have pushed for immigration relief for long-term U.S. residents with strong family ties. While the Parole in Place (PIP) program itself isn’t new, it has been available to military families since 2013, the government is now extending this relief to more families. The good news is noncitizen spouses and stepchildren of U.S. citizens can avoid being separated from their loved ones while they work to adjust their immigration status.

If you’re reading this, you’re likely looking for a way to keep your family together in the United States while navigating the PIP process. This article provides the fundamentals about realizing this aspiration and some tips on how it works, the requirements, criteria, application process, and frequently asked questions.

How Does it Work for Spouses and Stepchildren?

It’s important to know that the PIP does not create a new immigration status or offer a direct path to a green card. Instead, it provides temporary relief from removal, typically for three years, and allows you to apply for an Employment Authorization Document (EAD) if granted the PIP. To take full advantage of this opportunity, you should have a family member who can petition for you, as this may make you eligible to adjust your status.

If you entered the United States without being formally inspected, the Parole in Place (PIP) program can help you meet the necessary requirements to adjust your immigration status. However, if you were inspected, admitted, or paroled when you entered the United State (for example, with a visa or DACA Advance Parole), you won’t need the PIP to make this adjustment.

Eligibility Requirement Updates

Spouses:

• Must be present in the United States without admission or parole.
• Must have continuously resided in the United States for at least 10 years as of June 17, 2024 (i.e., since June 17, 2014).
• Must be legally married to a U.S. citizen as of June 17, 2024.
• Must have no disqualifying criminal history and pose no threat to national security or public safety.
• Must merit a favorable exercise of discretion.

Children:

• Must be present in the United States without admission or parole as of June 17, 2024.
• Must be under 21 and unmarried.
• Must have a qualifying stepchild relationship with a U.S. citizen parent as of June 17, 2024.
• The biological parent must have married the U.S. citizen stepparent before the child’s 18th birthday.

Who Is Not Eligible

Individuals who:

• Were last admitted or paroled (and thus do not need the PIP to adjust status).
• Have not been in the United States for 10 years as of June 17, 2024.
• Were not married to their U.S. citizen spouse as of June 17, 2024.
• Are married to a Legal Permanent Resident (LPR) – even if the LPR spouse later becomes a U.S. citizen after June 17, 2024.
• Are parents of U.S. citizens (without a U.S. citizen spouse).
• Have a disqualifying criminal history or are otherwise inadmissible.

The Parole in Place (PIP) General Information and Criteria

Each Parole in Place (PIP) request is reviewed individually by USCIS. Approval depends on whether granting PIP provides significant public benefit or addresses urgent humanitarian needs, and whether the applicant deserves a positive decision based on their specific circumstances.

Criteria for Spouses of U.S. Citizens:

• Must be present in the United States without admission or parole (last entry must have been without inspection).
• Must have been continuously present in the U.S. for 10 years as of June 17, 2024.
• Must be legally married to a U.S. citizen by June 17, 2024.
• Must have no disqualifying criminal history or otherwise constitute a threat to national security or public safety.

How to Apply for the PIP (Parole in Place)

Applications must be submitted online using the Form I-131F with a fee of $580 (no fee waiver is available). Supporting documentation includes photo identification, proof of marriage to a U.S. citizen, and evidence of physical presence in the United States from June 17, 2014, to June 17, 2024 (and possibly up to the time of filing). Evidence of physical presence for every year since 2014 is required, however evidence for every month of each year is not required.

PIP applicants do not need a pending or approved I-130 before applying, and those in removal proceedings may also apply unless considered an enforcement priority.

Important Note:
Please don’t forget! If you have a prior unexecuted removal order, you are presumed ineligible for the PIP, but you can challenge this presumption. However, if you have an executed removal order, you are not eligible to apply.

What Happens after the PIP Approval?

After your PIP approval, you can apply for an Employment Authorization Document (EAD) and can apply for adjustment of your status, assuming you do not have other inadmissible grounds.

Frequently Asked Questions

1. What is Keeping Families Together?
Keeping Families Together allows certain noncitizen spouses and stepchildren of U.S. citizens to apply for parole in place. This means you can stay in the United States and apply for lawful permanent resident status without leaving the country. Parole in place is granted on a case-by-case basis for urgent humanitarian reasons or significant public benefit and enables you to apply for work authorization during your stay.

2. Which form should I file to apply for Keeping Families Together? Can I file online?
To apply for Keeping Families Together, you must file Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. The form must be filed online – paper applications sent by mail will not be accepted. The USCIS has a Filing Guide for Form I-131F to help you through the online application process.

3. What is the fee for filing a request under Keeping Families Together? Can I get a fee waiver?
The application fee is $580. Currently, there are no fee waivers or exemptions available for this process.

4. Can paying an extra fee guarantee faster processing or approval for my Form I-131F?
No, paying extra fees for expedited processing or guaranteed approval is not possible. If someone offers this and asks for additional fees, they might be trying to scam you. Always be cautious and check the USCIS Avoid Scams page for tips on protecting yourself.

5. When does the Parole in Place start? When will USCIS start accepting requests for Keeping Families Together?
The USCIS will begin accepting requests on August 19, 2024. Any applications received before this date will be rejected.

6. How long will my parole period last if my request is granted?
If your request is granted, your parole period will generally be valid for three years from the date of approval. However, if you leave the United States, your parole will end automatically. It can also be terminated at any time if DHS decides it’s no longer warranted, such as in cases of criminal conduct.

The general FAQs above were taken from the USCIS website. For complete information regarding common questions about the PIP application, please visit the USCIS Frequently Asked Questions about Keeping Families Together page.

What to Keep in Mind Following the PIP Announcement

Be careful with immigration advice. The announcement of the new PIP program has led many to seek immigration guidance. Unfortunately, it has also opened doors for fraud and those seeking to exploit families.

Protect Yourself from Fraud:

• Trust Only Qualified Professionals: Be cautious of notarios and other consultants who promise fast results or special deals. While “notarios” may be respected legal professionals in many countries, in the United States, notaries are not legal experts and cannot provide legal advice. Only licensed attorneys and DOJ-accredited representatives have the qualifications to guide you through your immigration process. Always verify credentials and keep a record of that information to ensure you’re working with qualified professionals.
• Please Watch Out for Scams:
  • The USCIS will never reach out to you via social media.
  • The USCIS does not accept payments through Western Union, MoneyGram, PayPal, or gift cards.
  • The USCIS will not ask you to pay fees over the phone or via email.
  • Apply directly through my.uscis.gov to ensure your application is processed correctly.

Prepare for Immigration Relief:

• Understand Eligibility: Some people may not qualify for the PIP. We encourage you to use this time to prepare for other immigration options.
• Be Informed and Ready:
  • Know your rights.
  • Familiarize yourself with common immigration options.
  • Create a consultation roadmap.
  • Stay prepared for future immigration relief opportunities.

Having an experienced immigration attorney by your side is important for navigating any challenges that may arise. That’s why we highly recommend reaching out to us and staying connected for expert legal guidance and support throughout the process.

Stay Together with Your Family in the United States with HBM Law

In summary, the Parole in Place (PIP) program is here to offer a pathway for noncitizen spouses and stepchildren of U.S. citizens to stay united with their families while adjusting their status. Just like many families who have successfully used the expertise and legal advice of HBM Law, you too can achieve the stability you’re seeking.

If you need assistance with the PIP application or have any questions about the process, we’re here to help. If you do not qualify for the PIP, we can explore other immigration options that lead you to the same goal of family unity.

Our team can guide you through every step – ensuring you have all the necessary documents, clarifying any details, and providing support throughout the application process. Contact us on Whatsapp, email, or schedule a consultation today so you and your family can start making plans to stay together in the United States.