Current Parole in Place Updates:
Everything You Need To Know So Far About The New Family Parole in Place Program
On August 19, 2024, the U.S. Citizenship and Immigration Services (USCIS) began accepting Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. This Family Unity Parole In Place (PIP) application was created after the June 18, 2024 announcement by President Biden of a new program designed to keep families together in the United States. The Federal Register Notice for this program was also issued on August 20, 2024 and provides valuable information as to who qualifies for the program, which are foreign national spouses of U.S. citizens who meet certain criteria as well as the foreign national children of a U.S. citizen. As of now, it appears USCIS is driving most applications to be filed through the government’s MyUSCIS portal.
This parole-in-place program uses the parole authority under INA § 212(d)(5)(A), which allows a person who entered the U.S. without inspection to be considered “admitted” to the U.S. (i.e., as if the individual had entered the U.S. lawfully with a visa stamp). This program was initially formalized in the USCIS Policy Manual for active-duty members of the U.S. Armed Forces, among others. If USCIS grants parole to the foreign national spouse, the period of admission will be up to three (3) years.
By granting a person admission through this parole-in-place program, USCIS opens the door for a U.S. citizen spouse to sponsor their foreign national spouse (and any children) through a family based (Immediate Relative) Adjustment of Status program. In fact, the USCIS website states that the agency anticipates that parolees will have either a pending adjustment application or a final adjustment adjudication completed before the conclusion of the parole period.
Eligibility Criteria under Form I-131F
Noncitizen spouses of U.S. citizens 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 be 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.
Noncitizen stepchildren of U.S. citizens 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 their 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. *
*Consistent with the Sept. 30, 2021, Guidelines for the Enforcement of Civil Immigration Law, a noncitizen who poses a threat to border security will be generally disqualified from receiving parole in place pursuant to this process. However, there is an exception for stepchildren who entered the United States unlawfully after Nov. 1, 2020, and who otherwise meet the criteria for parole in place under this process.
The Federal Register notice explicitly states that USCIS expects most applicants to proceed the Adjustment of Status (AOS) application process and hopes that it will help those who would otherwise utilize the I-601A Extreme Hardship waiver application which is used by those who are inadmissible due to having been unlawfully present in the United States and must depart the U.S. to visit a U.S. Embassy or Consulate in their home country.
If a person has disqualifying factors, such as prior felony convictions as well as a presumption of ineligibility due to other criminal factors or removal/deportation factors should be discussed with an experienced immigration attorney.
LPPC has not seen such a program since INA § 245(i), which allowed a foreign national to apply for adjustment of status in the United States rather than travelling to their home country and
enduring the immigrant visa process at a U.S. Embassy or Consulate. Importantly, the announcement does not eliminate the requirements that an applicant be deemed “admissible” to the United States. For example, if an applicant has committed a crime or made a misrepresentation or fraud to a U.S. official, a waiver of inadmissibility may still be required.
While we expect this parole-in-place program to be subject to litigation, it is hoped this program will solve the situation of many foreign nationals who may otherwise qualify for lawful residence through the I-601A Unlawful Presence waiver and Immigrant Visa application processes that require a family member to expose himself or herself to the risks of traveling back to their respective home countries.
We’re keeping you updated on the new Parole in Place Program
As of July 17th, 2024
On July 17, 2024, the Department of Homeland Security (DHS) announced an August 19, 2024 start date for the Family Parole in Place (PIP) program, which the Biden-Harris administration introduced on June 17, 2024 as a possible program to keep families together. Starting August 19, 2024, USCIS will begin accepting applications for the new PIP program. This program offers hope to certain noncitizen spouses of U.S. citizens who have been in the country for at least a decade. The announcement confirms that a notice in the Federal Register will be issued. To date, the notice has not been published in the Federal Register.
The USCIS announcement warns that applications will not be accepted until August 19th, but also suggests that possible applicants may begin to prepare by gathering essential documents:
• Proof of valid marriage to a U.S. citizen
• Evidence of continuous presence in the U.S. for 10+ years
• Identification documents
• Proof of spouse’s U.S. citizenship
The attorneys at Levin and Pangilinan PC will continue to monitor the development of this PIP program. If you have any questions or wish to set up a consultation to discuss the possibility of participating in the PIP program, please do not hesitate to contact our office at 800-974-2691 or fill out our contact form below (or on the side)
As of August 26th, 2024
The following is an update in the “Keeping Families Together” Parole in Place (PIP) program. As of August 19, 2024, U.S. Citizenship and Immigration Services (USCIS), the agency under the Department of Homeland Security (DHS) which generally adjudicates benefits applications (e.g., work authorization, travel authorization, adjustment of status, naturalization, etc.), began accepting the new Form I-131F, Application for Parole in Place for Certain Noncitizens Spouses and Stepchildren of U.S. Citizens. If granted Parole in Place, an applicant is deemed to have been admitted into the United States and may then be eligible for a future adjustment of status (green card) application. The USCIS Federal Register Notice that announced the PIP program, cited 500,000 noncitizen spouses and 50,000 noncitizen children may meet the requirements to request Parole in Place. For many, this application may open a path to permanent residency in the U.S.
On August 23, 2024, sixteen (16) states filed a complaint in the United States District Court in the Eastern District of Texas to block the PIP program. On August 26, 2024, the court issued an Order granting a 14-day temporary administrative stay, effectively pausing the adjudication of the Parole in Place program. At this time, USCIS will continue to accept applications, but USCIS may not grant Parole in Place. This stay may be extended for good cause and given the fact that the Order sets forth a schedule for briefing that is currently set to end on October 10, 2024, our firm believes it is possible that the stay will be extended. LPPC believes it is important for individuals to speak with their attorney about the impact of this Order on their specific case. Only after considering the facts unique to a person’s background, should a decision be made as to whether or not to proceed with filing a PIP application.
As of September 4th, 2024
A further update on the “Keeping Families Together” Parole in Place (PIP) program: On September 4, 2024, the Easter District Court of Texas issued an order extending its temporary administrative stay for an additional 14 days through September 23, 2024. The original administrative stay was set to expire on September 9, 2024. This stay may again be extended for good cause. The court has also accelerated its hearing schedule, beginning on September 18, 2024.
During this time, USCIS is continuing to accept parole applications and capture biometrics, but the agency is not permitted to grant parole under the PIP program due to the court order. LPPC believes it is important for individuals to speak with their attorney about this order’s impact on their specific case and whether to proceed in filing a PIP application.
As of October 7th, 2024
Levin and Pangilinan PC continues to stay apprised of updates on the “Keeping Families Together” Parole in Place (PIP) program. On September 11, 2024, the Fifth Circuit Court of Appeals issued an administrative stay of district court proceedings pending its decision on whether PIP-eligible families could intervene in litigation, essentially freezing the proceedings in the lower court.
On October 7, 2024, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s ruling that PIP-eligible families could not intervene. This action briefly lifted the lower court’s stay of proceedings. Later that day, the district court promptly reinstated its temporary stay and restraining order through November 8, 2024, and set forth a new accelerated hearing schedule. The hearing on the motions, and if necessary, the bench trial to resolve factual issues, is set to begin November 5, 2024.
USCIS continues to accept parole applications and capture biometrics, but the agency is still not permitted to grant parole under the PIP program due to the court order.
LPPC believes it is important for individuals to speak with their attorney about this order’s impact on their specific case and whether to proceed in filing a PIP application.
Contact Our Immigration Attorneys Today
If you or someone you know may benefit from this program, it is recommended that you seek more information from a qualified immigration attorney. If you don’t have an attorney, please do not hesitate to contact our attorneys at Levin and Pangilinan PC today by filling out the form below.
