NEW PAROLE IN PLACE PROGRAM FOR UNDOCUMENTED SPOUSES OF U.S. CITIZENS.

The new parole in place for undocumented spouses of US citizens is intended to foster stability and family unity.

On June 18, 2024, the Biden administration announced the implementation of new legal protections for undocumented spouses of United States citizens. This new policy, known as Parole in Place (PIP), offers temporary legal status and a potential pathway to U.S. citizenship for qualifying individuals. The primary goal of this policy is to promote family unity.

What is Parole in Place?

Parole in Place is an immigration program that allows certain undocumented individuals to remain in the United States temporarily. Initially, this program was available to undocumented family members of U.S. military personnel who had entered the country without inspection. The Military PIP program grants temporary legal status for one year and is a form of discretionary relief determined on a case-by-case basis. If granted PIP, individuals receive temporary protection from deportation and are eligible to apply for work authorization. One of the key benefits of PIP is that it allows recipients to apply for legal status without having to leave the United States, thus creating a straightforward pathway to lawful permanent residency and, ultimately, citizenship.

What are the Eligibility Requirements?

The new PIP program is available to certain undocumented spouses of U.S. Citizens. To qualify for the new PIP program, individuals must meet the following criteria:

1. Be present in the U.S. without admission or parole.

2. Be legally married to a U.S. citizen.

3. Have lived in the United States for at least 10 years as of June 17, 2024.

4. Have no disqualifying criminal convictions and do not pose a threat to national security or public safety.

5. Merit a favorable exercise of discretion.

Noncitizen children of applicants may also be considered for the new PIP program. To be eligible, the child must be physically present in the United States without admission or parole and must have established a qualifying stepchild relationship with a U.S. citizen as of June 17, 2024.

When Can I Apply for the Program?

USCIS will begin accepting applications on August 19, 2024. The application process will be online only. The application will be filed on Form I131F and the filing fee is $580. A separate form must be filed for each person seeking parole in place. Applicants will be required to provide supporting documents to establish a bonafide marriage and 10 years of physical presence in the United States prior to June 17, 2024. After the submission of the application, applicants will be scheduled for a biometric appointment, and may also be requested to appear at USCIS for an interview.

Conclusion

The new policy is intended to foster stability and family unity as the Department of Homeland Security (DHS) estimates that up to 500,000 noncitizen spouses of U.S. citizens could benefit from this program. Moreover, these individuals have, on average, lived in the United States for 23 years. Additionally, approximately 50,000 noncitizen children of these spouses may also qualify for parole under this new process. The program will undoubtedly reduce the separation of U.S. citizens from their loved ones.

If you believe you may qualify for the new PIP program, it is advisable to start gathering the necessary supporting documents to establish your eligibility. Also, reach out to a reputable, experienced, and authorized immigration attorney for legal advice or representation. Do not fall for scammers, notario público, and unauthorized practitioners of immigration who make promises or guarantees regarding the new parole program.

If you have any questions or need assistance with filing a PIP application, please feel free to schedule a consultation with us. Let us be your guide through immigration.

(Originally published on July 31, 2024, and updated on August 19, 2024)