Are you the undocumented spouse of a U.S Citizen seeking a new, streamlined path to permanent residence? As of August 19, 2024, the Biden administration has opened up a new Parole in Place (PIP) Program, with the I-131F form, aimed at helping spouses and step-children of U.S. Citizens. This is a major expansion to the Parole in Place program which aims to keep families together in the immigration system. Most specifically, this program is designed to help those who entered the U.S. without admission or parole – generally, through the border. If you entered the country without a visa and through the border, this new process can enable you to navigate around certain U.S. legal obstacles that currently prevent you from obtaining permanent residency or that require you to leave the country, such as with a 601A waiver, in order to return and get a Green Card.
If you have lived in the U.S. for 10 years prior to June 17, 2024 and have a legally valid marriage to a U.S. citizen, you could fall into the roughly half a million individuals currently eligible to receive temporary work permits and legal status without leaving the country. Read on to learn more about the new PIP program and to see if you qualify for the application!
What is the new Parole in Place (PIP) Program for Spouses?
The new PIP program is designed to give undocumented spouses married to U.S. citizens an opportunity to apply for permanent residence without leaving the country, if they can prove they have lived in the U.S. for at least a decade and have married a U.S. citizen before June 17, 2024. If granted parole through this application, the beneficiary 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 for at least 10 years as of June 17, 2024;
- Have a legally valid marriage to a U.S. citizen as of June 17, 2024;
- Not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety;
- Otherwise merit a favorable exercise of discretion; and
- Not currently filing an Application for Employment Authorization (I-765)
Another great benefit of this program is that even if your U.S citizen spouse has died prior to submitting your parole request, you may still qualify for parole in place as a noncitizen spouse! As long as the marriage was a legally valid marriage and it was entered before June 17, 2024 and you have not remarried, you can apply!
Important Documents Needed for This Application
You must have the following documents for this application:
- 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 (e.g., driver’s license, passport identity page, national ID document)
- Evidence of your Spouse’s Citizenship
- Evidence of Relationship including a marriage certificate and evidence of previous relationships if applicable.
- 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: I am a U.S. citizen and I want to petition for my spouse, do I need a family immigration lawyer?
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. 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.
