Update: On August 26, a federal judge issued a temporary administrative hold on the implementation of President Biden’s “Keeping Families Together” policy. The hold, which lasts for 14 days, may be extended. During this period, USCIS can still accept applications but cannot approve them. Previously approved applications are not affected by this order.
U.S. Citizenship and Immigration Services (USCIS) began accepting applications for president Biden’s Keeping Families Together program that allows certain undocumented spouses of U.S. citizens to adjust their status without leaving the country. Announced in June, the program functions under the parole in place (PIP) policy and provides spouses who have been in the country continuously for ten years, since June 17, 2014, and were married by June 17, 2024, the ability to apply for a work permit and eventually obtain a green card.
Those interested in applying must use Form I-131F. It can only be submitted online by creating a USCIS account.
This article, along with the quotes mentioned, are solely for informational purposes only and does not constitute legal advice. For legal assistance please see our list of Pro-bono Lawyers in New York.
What does parole in place mean for those seeking permanent residency?
As Documented reported last month, PIP is a term used to describe the admission of immigrants who are already present in the U.S. and who have entered the country without inspection. The term “without inspection” is used for undocumented migrants who have entered the country without a valid visa, and were not paroled by a Customs and Border Protection officer.
This inspection can impact the process for how an individual can apply for permanent residency.
Rebecca Press, immigration attorney and co-founder of Co-Counsel NYC, explained that immigrants who have entered the country without inspection, and are seeking a green card through marriage, have to leave the country to present themselves abroad at a U.S. consulate, through a process known as consular processing.
However, when an individual who has resided in the U.S. without lawful status leaves the country and tries to re-enter, a bar of 3 or 10 years will be activated. This bar is triggered at the moment the person tries to re-enter the United States and is based on the amount of unlawful presence they had accrued.
“It’s the folks who don’t have the lawful entry and who have to do the process from abroad that makes them very nervous and requires the waiver process to waive the unlawful presence,” Press said, adding that there is Form-601A to waive their bar and permit re-entry to the country.
Being granted parole in place would allow the grantee to undergo a different process, known as Adjustment of Status, which does not require the applicant to leave the country. It is usually done by people who have been admitted to the country in the past. “The idea of this new program is that obtaining parole will constitute the lawful entry that they need,” Press said.
Those granted parole can also apply for a work permit.
Who qualifies for parole in place:
To qualify, the applicant must:
- 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; and
- Otherwise merit a favorable exercise of discretion.
Widows and widowers of U.S. citizens, who have not remarried and meet the requirements, are also eligible to apply for parole in place.
USCIS also announced that stepchildren, who were under the age of 18 when the marriage took place, and at most 21 years old and unmarried during the date of the announcement, can also submit an application.
How can I apply?
USCIS started accepting applications on August 19, 2024.
Those eligible can submit form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. The cost is $580 and can only be submitted online.
What evidence can I gather?
According to the press release, USCIS recommends gathering the following documentation to prove eligibility:
- Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate;
- Proof of identity, including expired documents, may include:
- Valid state or country driver’s license or identification;
- Birth certificate with photo identification;
- Valid passport; or
- Any government-issued document bearing the requestor’s name, date of birth, and photo.
- Evidence of your spouse’s U.S. citizenship, such as a passport, birth certificate, or Certificate of Naturalization;
- Documentation to establish your continued presence in the United States for at least 10 years, as of June 17, 2024 (rent receipts, utility bills, medical records, etc.).
For noncitizen children of requestors, evidence of eligibility could include:
- Evidence of the child’s relationship to the noncitizen parent, such as a birth certificate or adoption decree;
- Evidence of the noncitizen parent’s legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate; and
- Evidence of the child’s presence in the United States as of June 17, 2024.
See the full list of acceptable proof of documents here.
USCIS and Press both warned that possible applicants should be aware of scams and to recur to accredited immigration lawyers for legal advice.
Also Read: Scams Pretending To Be Immigration Agencies: How To Protect Yourself
