The “Keeping Families Together” parole in place (PIP) program helps certain noncitizens stay in the United States with their families without worrying about being deported (removed). However, not everyone is eligible for this help.
Your criminal history plays a significant role in determining whether you can get PIP. U.S. Citizenship and Immigration Services (USCIS) looks closely at your background to make sure you’re not a threat to national security, public safety, or border security and decides whether your case warrants a favorable exercise of discretion.
Crimes That Automatically Disqualify You
Some crimes automatically disqualify you from getting parole in place (PIP). These include:
- Felonies: Any felony conviction, including serious DUI (driving under the influence) offenses.
- Serious Crimes: Crimes like murder, torture, rape, or sexual abuse, and crimes involving firearms or explosives.
- Human Trafficking and Slavery: Crimes related to human trafficking, slavery, or forcing someone to work against their will.
- Violence and Abuse: Crimes like aggravated assault, child pornography, sexual abuse or exploitation of minors, solicitation of minors, domestic violence, stalking, child abuse, neglect, or abandonment.
- Drug Offenses: Any drug crime, except for simple possession of 30 grams or less of marijuana.
Pending Charges and Other Convictions
If you have pending criminal charges, you can’t apply for parole in place (PIP) until those charges are resolved. Even if your conviction isn’t one of the disqualifying crimes listed above, it can still affect your chances of getting parole in place (PIP).
How to Overcome a Disqualifying Conviction
For other criminal convictions, USCIS assumes you’re ineligible for parole in place (PIP), but provides you with an opportunity to prove otherwise. This means you can present evidence to show that, despite your conviction, you should still be allowed to get parole in place (PIP). The seriousness of your conviction will affect how hard it is to overcome this assumption.
Factors That Can Help You Overcome Ineligibility
USCIS looks at several things when deciding if you can overcome a disqualifying conviction, including:
- Age of the Conviction: Older convictions might not matter as much, especially if you’ve been law-abiding since then.
- Age at the Time of the Offense: If you were young when the crime happened, that could work in your favor.
- Severity of the Sentence: A lighter sentence might indicate that your crime wasn’t very serious.
- Evidence of Rehabilitation: Showing that you’ve made efforts to turn your life around can help.
- Nature of the Crime: Non-violent offenses or one-time incidents may be viewed more leniently.
- Personal Circumstances: If a mental or physical condition contributed to your crime, or if you’re caring for a U.S. citizen child, elderly parent, or someone with disabilities, this can be considered.
- Military Ties: If you or your spouse have served in the U.S. military, this is a significant factor.
- Impact on Family and Community: USCIS will consider how denying PIP might affect your U.S. citizen family members and the community.
If USCIS denies a parole in place (PIP) application, then the applicant could be placed in removal (deportation) proceedings. Therefore, it is critical that you consult with an attorney before filing the application.
Please contact Attorney Monique Kornfeld for more information about parole in place (PIP) and representation in this case. It is important to obtain legal advice before filing any parole in place (PIP) application to protect against removal from the U.S.