Are you the undocumented stepchild under 21 of a U.S Citizen seeking a new way to remain in the country on parole with your family? Is the prospect of leaving the country to apply for permanent residence a stressor on your family? If so, there may be a new, streamlined path to access parole and work permits while remaining here in the U.S. with your family.
As of August 19, 2024, the Biden administration has opened the I-131F form and created a new Parole in Place (PIP) program, a major expansion to the PIP program, which aims to keep families together in the immigration system. Even if you and your undocumented parent entered the country illegally, this new program can enable you to bypass certain U.S. legal obstacles that currently prevent you from obtaining permanent residency.
If you have lived in the U.S. since June 17, 2024 and have a non-citizen parent who was legally married to a U.S. citizen before your 18th birthday (either on or before June 17, 2024), you could fall into the roughly 50,000 children under 21 currently eligible to receive temporary work permits and legal status on parole in place. Read on to learn more about the new PIP program and to see if you qualify for the application!
It is important to note that a separate application must be filed for each noncitizen spouse or stepchild seeking parole in place with their own myUSCIS account. The eligibility requirements for both applicants varies. See this post for more information on the PIP process for non-citizen spouses.
What is the new Parole in Place (PIP) Program for Stepchildren?
The new PIP program is designed to provide a pathway to permanent residency for undocumented stepchildren of U.S citizens whose undocumented parent is married to a U.S. citizen. If you have a qualifying stepchild relationship with a U.S. citizen, and your parents married before your 18th birthday on or before June 17, 2024, you could be eligible to permanently remain in the U.S. with your family. If granted parole through this application, you may apply for adjustment of status to that of a lawful permanent resident without being required to leave the United States and be processed by a U.S. consulate overseas. In fact, most beneficiaries can immediately file the I-485 application to adjust their status to a green card holder after parole is granted. So, what does it take to qualify for this parole? Let’s break down the requirements.
Do I Meet the Eligibility Criteria?
To qualify, you must meet the following criteria:
- Be present in the United States without admission or parole;
- Have been continuously present in the United States since June 17, 2024;
- Your noncitizen parent was legally married to a U.S. citizen before your 18th birthday and on or before June 17, 2024;
- Not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety;
- Not currently filing an Application for Employment Authorization (I-765); and
- Otherwise merit a favorable exercise of discretion.
A common concern is “What if my parents divorce before my Parole in Place application is Approved?”. Fortunately, in this case, you can still be eligible to have your PIP petition approved. However, your stepparent must demonstrate that you have an ongoing relationship with them after the divorce. For instance you must prove you still reside together and the stepparent still provides financial and emotional support for your care. This situation is complex, however, and we recommend you consult with an immigration attorney like us for guidance.
Important Documents Needed for This Application
You must have the following documents for this application:
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- Personal Information Documents: Fulfills information such as full name, addresses, birth date, Alien Registration Number/A-Number (if applicable), country of birth and citizenship, and biographical details.
- Official Photo ID: This could be a school ID or any other official identity documentation with a photo
- Evidence of your Stepparent’s Citizenship: This can include your stepparent’s birth certificate, naturalization certificate, etc.
- Evidence of Stepparent-Stepchild Relationship: This can include your birth certificate with noncitizen parent’s name
- Evidence of Physical Presence such as bills, doctor’s visits, school records, and pictures.
- Evidence Regarding Criminal Charges (if applicable)
- Any Additional Applicable Evidence
If you are able to provide the required documentation and fulfill the aforementioned eligibility requirements, you should apply for this parole in place program. After parole is granted, along with being able to apply for Adjustment of Status, you may also apply for discretionary employment authorization from USCIS using the I-765.
You may also like: Navigating the New Parole In Place Program for Undocumented Spouses of U.S Citizens
Why Hire an Immigration Attorney?
The PIP program is brand new, and can be complicated to fill out by yourself. The Parole in Place program expansion is also unprecedented and complex to navigate alone. As noted on the USCIS website, even if you meet all the eligibility requirements, your request may still be denied if they determine that parole is not warranted in your case. Furthermore, as a stepchild applicant, there could be complex processes that follow if your parents divorce. An immigration attorney can help you navigate through the entire process and make sure that your application is completely finished on time and without errors.
If you are interested in learning more about the PIP program, or are ready to begin your application, contact us for an assessment or consultation.
