Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizen, A New Way to Get a Green Card Without Leaving the Country
In June 2024, President Biden announced an important expansion to the Parole in Place (PIP) program, providing much-needed relief to certain noncitizen spouses and stepchildren of U.S. citizens. This policy change is significant for military families and civilian families alike, offering a pathway for these individuals to remain in the United States legally while pursuing permanent residency (Green Card). Here’s what you need to know about this program and its implications.
What is Parole in Place (PIP)?
Parole in Place is a discretionary policy that allows certain undocumented individuals to remain in the United States without the risk of deportation. It grants temporary legal status and work authorization to individuals who might otherwise be in the country unlawfully. Traditionally, PIP has been extended primarily to family members of active-duty military personnel, veterans, and reservists, recognizing the unique sacrifices these families make.
Who Qualifies Under the Expanded PIP Program?
The recent expansion of the PIP program now includes noncitizen spouses and stepchildren of U.S. citizens, even if they do not have ties to the military. This change acknowledges the importance of keeping families together and addresses the unique challenges that arise in mixed-status families. To qualify, the following conditions generally apply:
Spouses and Stepchildren of U.S. Citizens: The program specifically targets those who are married to a U.S. citizen or are stepchildren of a U.S. citizen under the age of 21. The Parole in Place (PIP) program is inclusive and recognizes the rights of all families, including those formed through same-sex marriage. Noncitizen spouses in a same-sex marriage with a U.S. citizen are eligible to apply for PIP under the same criteria as opposite-sex couples. This ensures that all married couples, regardless of gender, have the opportunity to stay together in the United States while pursuing legal residency. This recognition of same-sex marriages underscores the program’s commitment to family unity and equality.
No Other Grounds of Inadmissibility: Applicants must not be otherwise inadmissible to the United States. This includes individuals with certain criminal records or those who have previously been deported.
Presence in the United States: The applicant must be physically present in the United States at the time of the application.
Benefits of Parole in Place
The PIP program offers several significant benefits for eligible individuals:
Temporary Legal Status: Recipients of PIP are granted a temporary legal status that protects them from deportation. This status is typically valid for one year but can be renewed.
Work Authorization: Individuals granted PIP are eligible to apply for work authorization, allowing them to work legally in the United States.
Pathway to Adjustment of Status: One of the most significant benefits of PIP is that it can serve as a bridge to applying for a green card. By receiving PIP, individuals who would otherwise need to leave the country to adjust their status can do so without triggering bars to reentry or needing to travel to their home countries for consular processing. In some cases, this could put the person at risk of being banned or penalized when seeking a visa abroad to reenter the United States.
What to Consider?
The process for applying for PIP involves submitting several forms and supporting documents to U.S. Citizenship and Immigration Services (USCIS). Here are the key steps:
Form I-131f (Application for Travel Document): This form is used to apply for PIP. Although it is generally used to request advance parole for travel outside the U.S., in this context, it applies to individuals seeking permission to remain in the U.S.
Supporting Documentation: Applicants must provide evidence of their relationship to the U.S. citizen, such as marriage certificates, birth certificates, or other legal documentation. Additionally, proof of the U.S. citizen's status, such as a U.S. passport or naturalization certificate, is required.
Proof of Presence and Good Moral Character: The applicant should provide evidence of their physical presence in the U.S. and demonstrate good moral character. This might include affidavits, tax returns, or letters of support from the community.
Biometrics and Interview: Depending on the case, USCIS may require the applicant to attend a biometrics appointment or an interview.
To be considered for a discretionary grant of parole in place under Keeping Families Together, you must meet these eligibility criteria:
If you are the noncitizen spouse of a U.S. citizen, you must:
Be present in the United States without admission or parole;
Have been continuously physically present in the United States since at least June 17, 2014, through the date of filing your request;
Have a legally valid marriage to a U.S. citizen on or before June 17, 2024;
Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and
Submit biometrics and undergo required background checks and national security and public safety vetting.
If you are the noncitizen stepchild of a U.S. citizen, you must:
Have been under the age of 21 and unmarried on June 17, 2024;
Be present in the United States without admission or parole;
Have been continuously physically present in the United States since at least June 17, 2024, through the date of filing your request;
Have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before your 18th birthday;
Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security*; and
Submit biometrics and undergo required background checks and national security and public safety vetting.
What Happens if you get a Denial?
There is a significant risk of being placed in immigration proceedings if an individual fails to comply with the requirements set by USCIS, as the agency has the discretion to take such action. When applying for benefits like Parole in Place (PIP) or adjustment of status, it's crucial to meet all eligibility criteria and submit accurate documentation. Failure to do so could result in the denial of the application and potentially trigger removal proceedings. This underscores the importance of carefully preparing your case and seeking professional legal guidance to minimize the risk of adverse outcomes.
Legal Considerations and Assistance
While Parole In Place offers a critical opportunity for certain noncitizens to remain in the U.S., the process can be complex, and each case is unique. It is advisable to consult with an experienced immigration attorney who can guide you through the process, ensure all documentation is properly prepared, and represent your interests before USCIS.
The expansion of the Parole in Place program under the Biden administration marks a significant step forward in supporting family unity for noncitizen spouses and stepchildren of U.S. citizens. By offering protection from deportation and a pathway to legal residency, this program reflects the U.S. government's commitment to recognizing the importance of family and the contributions of immigrant communities. If you or a loved one might qualify for PIP, now is the perfect time to explore this opportunity with the guidance of our experienced immigration attorney, Mr. Ricardo Tapia.
If you're ready to start the process or need personalized legal advice, please reach out to Global Partners Law Firm by calling ((346) 442-8426 or emailing us at info@globalpartnerslaw.com to schedule a consultation. We're here to help guide you every step of the process.
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