Background
On June 18, 2024, President Joe Biden announced a new program allowing certain spouses of United States citizens to apply for “parole-in-place” from the Department of Homeland Security (DHS). This program will open on August 19, 2024, assuming certain groups don’t sue the administration to stop its implementation.
So, what is this program all about?
This program will allow certain spouses of U.S. citizens to receive temporary protections and work permits in the United States. It will enable them to apply for lawful permanent resident (LPR) status (also known as a green card) through their spouses in the United States without risking years of separation from their families.
Why is this needed?
Spouses of U.S. citizens are generally eligible for an immigrant visa and permanent residency. However, people who entered the United States “without inspection” (crossing the border without authorization) have a much harder path to obtain permanent residency. This includes filing for an immigrant visa and waiver of inadmissibility, then finalizing the process out of the country. When they leave the country, they trigger re-entry bars of 10 years, making it a very long and difficult process to obtain a waiver. Currently, waivers take between 3-4 years to be processed by the government.
What’s the solution?
This new measure of Parole in Place will help many people. Unlike those who entered illegally, people who have already been “inspected or paroled” into the U.S. can apply to adjust their status to permanent residency without having to leave the country. This will enable the government to give these paroles, allowing eligible spouses of U.S. citizens to apply for permanent residency in the U.S.
What is the legal basis for this?
U.S. immigration law allows the government to grant “humanitarian parole” to certain people who otherwise lack a lawful basis to enter or remain in the U.S., when the government determines that a grant of parole would satisfy urgent humanitarian reasons or provide a significant public benefit. Humanitarian parole is granted in many cases, including medical emergencies, humanitarian crises, and others. It allows people to temporarily enter or stay in the United States for a certain period, which can be anything from a few days to several years. Individuals granted parole can apply for work authorization to support themselves while in the United States. When humanitarian parole is granted to people already inside the United States, it is known as parole-in-place, because the people are physically already here, instead of seeking it from abroad.
Can the government revoke a parole?
The great news is that even if someone’s particular grant of parole expires or is revoked in the future, they are still considered to have been paroled into the United States under immigration law. This means that even if the new parole program is struck down in court or is ended by a future president, those who have already been granted parole-in-place under the program will still be eligible to apply for green cards without leaving the country and risking separation.
So Who Qualifies for this program?
To receive parole-in-place under the new Biden program, families will have to submit a new application using a form. According to the June 18 announcement, the new program will be available only to people who:
-
- Have continuously resided in the United States since June 17, 2014;
-
- Were physically present in the United States on June 17, 2024;
-
- Have been legally married to a U.S. citizen as of June 17, 2024;
-
- Entered the United States without admission or parole and do not currently hold any lawful immigrant or nonimmigrant status;
-
- Have not been convicted of any disqualifying criminal offense;
-
- Do not pose a threat to national security or public safety; and
-
- Merit a favorable exercise of discretion.
Applicants will have to provide documentation proving that they meet ALL of the above criteria alongside their application form and pay a fee. However, it is not yet known exactly what forms of documentation will be accepted and what the fee will be.
Questions and Answers:
What about people married to lawful permanent residents?
People married to lawful permanent residents do not qualify for this program.
What if I have DACA, is it better to file for the PIP or DACA?
It depends on your individual circumstances. Consulting with an experienced immigration attorney can help determine the best option for your situation.
What if my I-130 has already been approved?
You can still apply for parole-in-place, which may streamline the process for adjusting your status to permanent residency.
What if my I-130 is already pending or was filed with USCIS?
You may apply for parole-in-place, which can help you remain in the U.S. while your I-130 is processed.
Can I apply for the new PIP and I-601A?
Yes, applying for both may be advantageous, depending on your circumstances.
What if my I-601A was not yet filed with USCIS?
You can apply for parole-in-place first, which may help your situation before filing I-601A.
What if the I-601/601A was already filed with USCIS and pending?
You can still apply for parole-in-place, which might expedite your case.
What if the I-601A was already approved?
You can proceed with your case as planned, and parole-in-place may still be beneficial.
What if the applicant has a removal order?
Applicants with removal orders should consult an experienced immigration attorney to explore their options.
What if the I-130 and I-601A are already approved but the applicant may have another inadmissibility, for example, a new criminal issue or vaccine waiver?
Consult with an experienced immigration attorney to address these additional issues.
What kind of documents do I need to gather to demonstrate my 10-year physical presence?
Documents such as utility bills, bank statements, employment records, and medical records can help prove your physical presence.
How long will it take to receive a decision on my PIP?
The processing time for PIP applications is currently unknown, but applying as early as possible may help.
With the upcoming elections, what will happen with the program?
If Harris gets elected, there should be no change to the program. If Trump gets elected, the program will likely be terminated. Therefore, it is advisable to apply as soon as the program becomes available and apply quickly to get the best chances of approval before January 2025. The government will not be able to process so many applications so quickly, so whoever applies first with a complete, full, and well-documented application would benefit.
Why use an attorney and not file yourself or with a friend/notario?
This is a brand-new type of application, and an attorney with experience in parole in place, which currently exists for military families, will be able to quickly file an application for you and do it accurately to give you the maximum chances of approval. Remember, only a licensed attorney is authorized by law to give you legal advice and represent you in a case. Notarios are not attorneys. They are notary publics. Someone without any legal training or experience can be a notary in the USA. Even foreign attorneys are not experts in U.S. immigration. You may have a small window of eligibility, so why risk your entire future in the US? Do it right and do it well. As of now, there is a very small window of opportunity. Don’t wait. Act now. Call us today for a consultation or help with your case.
For more information and to stay updated, be sure to watch the video, call our office or book your consult on our website.