On August 15, 2024, the Department of Homeland Security (DHS) established the Parole in Place (PIP) program, which offers a pathway to legal residency for certain undocumented immigrants who are spouses or stepchildren of U.S. citizens. Starting August 19, 2024, the U.S. Citizenship and Immigration Services (USCIS) will begin accepting applications through a new electronic form, Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. This is part of the Keeping Families Together initiative, designed to provide a streamlined process for eligible family members of U.S. citizens to remain in the United States.
What is Parole in Place (PIP)?
Parole in Place (PIP) is a program helps undocumented individuals who are immediate relatives of U.S. citizens (spouses and stepchildren) obtain lawful status in the U.S. Under PIP, eligible individuals can receive parole, allowing them to remain in the country and apply to adjust their status to legal permanent residency (green card) without leaving the U.S. and subjecting them to bars to reentry.
Eligibility and Process
An individual eligible for a grant of parole in place (PIP) under must meet the following criteria:
- Be present in the U.S. without admission or parole;
- Have been continuously present in the U.S. for at least 10 years as of June 17, 2024; and
- Have been legally married to a U.S. citizen as of June 17, 2024.
In addition, individuals must not have a disqualify criminal history or constitute a threat to national security or public safety.
The noncitizen children of spouses who are granted parole under this process are also eligible for parole on a case-by-case basis if they are physically present in the U.S. without admission or parole and have a qualifying stepchild relationship with a U.S. citizen parent as of June 17, 2024.
After filing the parole in place (PIP), USCIS will determine on a case-by-case basis whether a grant of parole is warranted based on a significant public benefit or urgent humanitarian reasons and whether the applicant merits a favorable exercise of discretion. USCIS will consider the applicant’s immigration and criminal history, the results of background and national security and public safety checks, and any other relevant information available to or requested by USCIS.
Nonimmigrant Overstays not Eligible
Parole (PIP) is only for noncitizens who entered the US without inspection (admission). Parole (PIP) is not available to those who were lawfully admitted to the U.S. and then overstayed their visa status. However, an individual who was properly admitted but overstayed their visa status may be eligible to apply for adjustment of status to that of lawful permanent resident (LPR) without parole in place.
Encounters by CBP or ICE and Removal Proceedings
A parole in place (PIP) application does not prevent US Customs and Border Protection (CBP) or U.S. Immigration and Customs Enforcement (ICE) from exercising their discretion in placing applicants for parole in place in removal proceedings.
ICE and CBP will focus its limited resources on parole in place applicants who pose a threat to U.S. national security, public safety, or border security.
Denial of Parole
If USCIS denies a request for parole (PIP), USCIS may exercise its discretion in placing the applicant in removal proceedings by issuing a Notice to Appear (NTA) or referring the case to ICE for possible enforcement action.
Criminal History
All parole in place applicants (PIP) will undergo national security background checks and the Department of Homeland Security (DHS) will detain, remove, or refer applicants for parole in place to federal agencies for further vetting, investigation, or prosecution as appropriate.
A disqualifying criminal history includes criminal convictions that are likely to render the individual statutorily ineligible for adjustment of status, as well as convictions that nevertheless warrant their disqualification from this process in the exercise of discretion.
Undocumented Children of a Noncitizen Spouse
Noncitizen children of parole applicants may be considered for parole in place under this process along with their noncitizen parent, if they are physically present in the U.S. without admission or parole as of June 17, 2024, and have a qualifying stepchild relationship to a U.S. citizen as of that date. A stepchild is defined as a noncitizen unmarried child, under the age of 21. The marriage of their noncitizen parent and U.S. citizen stepparent must have occurred before they turned 18-years-old.
Employment Authorization
Individuals granted parole are eligible to apply for an employment authorization document (EAD).
New Online Process for Form I-131F
Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, will be available exclusively online starting August 19, 2024.
Please contact Attorney Monique Kornfeld for more information about parole in place and representation on this case. It is important to obtain legal advice before filing any parole in place application to protect against removal from the U.S.