On June 18, 2024, the Department of Homeland Security (DHS) announced a new program, known as Parole in Place, which is part of the Biden-Harris administration's commitment to keeping families together in the United States.
What is Parole in Place?
Parole in Place is a discretionary grant that allows certain undocumented spouses of U.S. citizens to apply for lawful permanent residence (green card) without leaving the United States. This is a crucial benefit for individuals who have been in the U.S. for at least ten years and are married to a U.S. citizen.
What happens if Parole in Place is approved?
If approved, it would result in a work permit card for 3 years. Once PIP is approved, the person could then apply for adjustment of status (green card process 100% in the US) if they qualify.
Eligibility Criteria
Additional requirements may come out later, for now, we know that to qualify for Parole in Place, you must meet the following criteria:
As of June 17, 2024:
Presence: You must have been present in the United States and entered the United States undocumented.
Continuous Presence: You must have continuously resided in the United States for at least 10 years.
Marriage: You must have been legally married to a U.S. citizen.
Criminal Record: You must not have any disqualifying criminal history or pose a threat to national security or public safety. Once PIP is published in the Federal Register, we should have more information about what crimes disqualify a person.
Discretion: You must demonstrate that granting parole would be a favorable exercise of discretion.
Additionally, certain noncitizen step-children may also be considered under this process if they meet specific criteria related to their relationship to a U.S. citizen step-parent.
Parole in Place Application Process
While USCIS is not currently accepting applications, they will begin accepting them on August 19. If you apply before this date, your application will be rejected. More information about eligibility and the application process will be published in a forthcoming Federal Register notice.
What You Can Do Now to Prepare for Parole in Place
Although applications are not being accepted yet, you can start preparing by:
Gathering Documentation:
Proof of Marriage: Collect your marriage certificate to demonstrate your legally valid marriage to a U.S. citizen.
Identity Documentation: Prepare proof of identity, which may include a valid state or country driver’s license, birth certificate with photo identification, valid passport, or any government-issued document bearing your name, date of birth, and photo.
Proof of U.S. Citizenship: Gather evidence of your spouse’s U.S. citizenship, such as a passport, birth certificate, or Certificate of Naturalization.
Proof of Continuous Presence: Compile documentation to establish your continued presence in the United States for at least 10 years. Examples include rent receipts, utility bills, school records, medical records, bank transactions, and tax returns.
For Noncitizen Children: If applicable, gather evidence of the child’s relationship to the noncitizen parent, proof of the parent’s marriage to a U.S. citizen, and evidence of the child’s presence in the U.S. as of June 17, 2024.
If you have criminal history, talk to an immigration attorney.
Staying Informed: Keep an eye on updates from USCIS and our weekly newsletter. You can sign up here.
What If I Already Have a Pending Case?
If you already have a pending case, you can still apply for PIP if you meet the requirements. Note that PIP is a completely separate case from whatever you currently have pending. You should speak to an immigration attorney about which process is best for you.
Protect Yourself from Scams
Immigration scams are common. Ensure you only seek assistance from licensed attorneys or accredited representatives recognized by the Department of Justice. Avoid paying for government forms, and be cautious of anyone promising guaranteed outcomes or using predatory pricing.
Your Next Steps
If you have questions about the Executive Action and want to find out your options, don't hesitate to reach out to us. With almost 17 years of experience since 2007, we have helped countless clients successfully complete their immigration journeys. Contact us today to ensure your case is prepared with the utmost care and expertise. We are here to help you every step of the way.
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This is for general information purposes only. For advice about your specific situation, contact an experienced immigration attorney.
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