President Joe Biden announced in mid-June a new initiative which will allow certain undocumented foreign nationals who are married to U.S. citizens, as well as their children, to apply for legal permanent residency via "Parole in Place."
In total, about 500,000 spouses of U.S. citizens, and approximately 50,000 noncitizen children, could benefit from the expanded PIP eligibility, according to the White House.
It is important to note that information on this program is currently very limited. Key details have not yet been released, including exact eligibility, application procedure, and timeline. The Immigration Service is not currently accepting any applications under this program.
In the meantime, the attorneys at Garfinkel Immigration Law Firm are available for consultations to proactively and preliminarily assess individuals' eligibility and advise how to prepare for the anticipated application process.
Below is further information about how potential beneficiaries can proactively prepare to apply for "Parole in Place" and other key details to know about the program.
UNDERSTAND SPECIFICS OF "PAROLE IN PLACE"
The Immigration and Nationality Act (INA) allows for Parole in Place (PIP) to be granted for "urgent humanitarian reasons or significant public benefit."
PIP applications are adjudicated on a case-by-case basis. Spouses who are granted PIP will be provided authorization to work in the United States for up to three years. Further, spouses who receive PIP are "paroled" for the purposes of applying for a green card inside the United States under the INA.
Normally, foreign nationals who enter the United States unlawfully cannot apply for permanent residence (adjustment of status) from inside the United States and must leave the country before doing so. PIP allows for beneficiaries to avoid having to depart the U.S., which would normally trigger the three-year (if accrued more than 180 days but less than one year of unlawful presence during a single stay in the United States) and 10-year (if accrued one year or more of unlawful presence during a single stay in the United States) unlawful presence grounds of inadmissibility, a basis for the government to deny applications for legal permanent residency.
Eligible spouses of U.S. citizens should apply for their green card during the three-year period in which they are work authorized via the PIP program announced by Biden.
CONSULT WITH EXPERIENCED IMMIGRATION COUNSEL TO DISCUSS ELIGIBILITY
Undocumented foreign nationals married to U.S. citizens should consult with experienced immigration counsel to discuss their eligibility for the expanded "Parole in Place" program.
Complete details about eligibility for the spousal "Parole in Place" program have not yet been released. The Department of Homeland Security (DHS) did include a general list of eligibility criteria for undocumented spouses, which includes:
- Being present in the United States without admission or parole
- Having been continuously present in the United States for at least 10 years as of June 17, 2024
- Having a legally valid marriage to a U.S. citizen as of June 17, 2024
- Not having a "disqualifying criminal history or otherwise constitute a threat to national security or public safety."
- Satisfying all other "applicable legal requirements"
Children under the age of 21 of undocumented spouses married to U.S. citizens will be eligible to file for Parole in Place with their parent if they:
- Were physically present in the United States without admission or parole as of June 17, 2024
- Have a "qualifying stepchild relationship to a U.S. citizen" as of June 17, 2024
The attorneys at Garfinkel Immigration Law Firm are currently available to discuss eligibility and other requirements with potential "Parole in Place" beneficiaries. Please contact the Firm at 704-442-8000 or via email with any questions or to schedule a consultation.
BE AWARE OF ANY POTENTIAL OBSTACLES TO APPLICATION
Undocumented spouses of U.S. citizens who have a criminal record or other "good moral character" concerns could be ruled ineligible for "Parole in Place." Experienced immigration counsel can advise on any potential next steps for applicable foreign nationals during the consultation process.
UNDERSTAND EVOLVING TIMELINE
The Department of Homeland Security will publish a notice in the Federal Register explaining the exact "Parole in Place" eligibility criteria and application process in the "near term," the organization said in a fact sheet released alongside Biden's announcement.
It may take several months for the application process to formally open, with the earliest date potentially occurring later this summer, Biden said at a press conference earlier this week.
There are therefore no forms to file pursuant to the program as of June 20, 2024, and applications are not yet available to be filed at this time.
The attorneys at Garfinkel Immigration Law Firm are available for consultations at this time to proactively and preliminarily assess individuals' eligibility and to prepare for the anticipated application process.
COMPILE NECESSARY DOCUMENTATION
Foreign nationals will need to submit a wide range of supporting evidence along with their petition to United States Citizenship and Immigration Services (USCIS) whenever the expanded spousal "Parole in Place" application process officially opens.
Documentation foreign nationals will need to present could include birth and marriage certificates; divorce notices (if applicable); certified police records (if applicable); and/or passports or other photo identification to prove identity and marriage to a U.S. citizen (including the U.S. citizen spouse's birth certificate, passport, etc.). Additionally, eligible spouses also must submit documentation such as any bills, statements, school records, and/or anything else which proves they have been physically present in the United States for at least the last decade.
Foreign nationals should begin to gather this documentation as soon as possible, so that they are prepared to include it in their petition once the application process opens. Experienced immigration counsel can advise which specific documents to begin gathering during the initial consultation.
BE PREPARED TO FILE APPLICATION AS SOON AS POSSIBLE
Undocumented spouses, and their children, who are ultimately eligible for the expanded "Parole in Place" eligibility announced by Biden should file their application as soon as the process opens, as the program could face challenges in federal court, or face the possibility of a reversal if there is a change of administration in January 2025.
Experienced immigration counsel can begin assisting potential beneficiaries now in order to be as prepared as possible to file a "Parole in Place" petition when the application process officially opens.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.