Here are new updates on the Keeping Families Together Parole In Place (PIP) program for undocumented spouses and stepchildren of US citizens. The US Citizenship and Immigration Service (USCIS) now accepts applications for Parole in Place. Read below for important filing and application information.
Parole in Place (PIP) Benefits: A Parole in Place approval will help qualified undocumented spouses and stepchildren of US citizens apply for permanent residency (green cards) without leaving the US. Also, after PIP approval, you may apply for a work permit for the period of temporary parole approval.
Parole in Place Filing Information
- Online filing is with form I-131F Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens
- The UCIS filing fee for the online form I-131F for PIP is $580. There is no fee waiver.
- Biometrics appointments will be scheduled by the USCIS as necessary
- The USCIS will notify applicants about any required interviews.
- The online filing process is through USCIS online accounts.
Approval of PIP does not guarantee approval for any future immigration benefits. This means that you still need to apply and qualify for your work permit or I-485 Adjustment of Status after parole is approved.
A work permit application and form I-485 Adjustment of Status petition cannot be filed until the form I-131F parole application is approved for a temporary period of parole.
Parole in Place is a favorable exercise of discretion so you must show the USCIS that you qualify for this. The USCIS wants to see how you qualify for Parole in Place (PIP) including the significant public benefit or urgent humanitarian reason and why you deserve a favorable grant of discretion.
Filing for Parole in Place as an Undocumented Spouse of a US citizen
To file for the Keeping Families Together Parole in Place (PIP) application, an undocumented spouse of a US citizen submits a form I-131F Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. citizens. This is a separate application from an Adjustment of Status application for permanent residency.
Here is some information that the USCIS will need from an undocumented spouse for the parole program:
1. Evidence of your identity,
2. Evidence of your relationship to your US citizen spouse including marriage and divorce certificates as applicable
3. Proof of your spouse’s U.S. citizenship as of June 17, 2024
4. Proof of your continued presence in the United States for at least 10 years before June 17, 2024.
5. Information about any criminal charges or history (Do speak to your attorney first).
6. Other evidence to support why you should be granted parole.
7. The undocumented spouse is present in the US without admission or parole
An noncitizen widow(er) may be eligible for parole in place if their U.S. citizen spouse is deceased, as long as a legally valid marriage was entered into on or before June 17, 2024.
There are additional requirements that the noncitizen must meet to be eligible for adjustment of status later.
Applying For Parole in Place as A Stepchild of a US Citizen
To apply for the Keeping Families Together Parole in Place (PIP) application, a stepchild of a US citizen files a form I-131F Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. citizens. The stepchild will also provide information including:
- Proof of the child’s relationship to the noncitizen parent
- Evidence of the noncitizen parent’s legally valid marriage to a U.S. citizen as of June 17, 2024
- Proof that the marriage was before the stepchild’s 18th birthday
- The stepchild is under 21 and unmarried at the time of filing
- Documents to show that the child has been living in the US as of June 17, 2024.
- The undocumented stepchild is present in the US without admission or parole
- Other evidence to support why you should be granted parole.
A qualified Stepchild definition for immigration purposes: – the child’s parent must have married the US citizen when the child is under the age of 18, and the stepchild applicant is under age 21 and unmarried at the time of filing.
After I get Parole in Place, Can I Travel abroad?
Parolees must obtain Advance Parole before overseas travel to avoid losing their parole status. However, overseas travel may complicate the green card application for many applicants so you should seek legal advice beforehand. Traveling abroad after an illegal stay may trigger the unlawful presence bars.
How Long does Parole Approval Last?
The Parole in Place approval is generally valid for 3 years. The USCIS encourages qualified people with approved parole to file for their form I-485 Adjustment of Status petition within the 3 years.
After a grant of parole in place, the noncitizen will receive a Form I-797, Notice of Action, and a Form I-94, Arrival/Departure Record.
I have an I-601A petition, Can I Apply for Parole In Place?
If you have an I-601A petition pending or approved, you may apply for Parole in Place if you meet the PIP requirements.
If the parole is granted, you may have to choose whether to continue with Consular Processing or an Adjustment of Status petition. This is because the I-601A may be denied or cancelled when you file for an I-485 Adjustment of Status application.
Finally, keep in mind that there may be lawsuits that will try to stop this program. Speak to your immigration lawyer for guidance.
I Have a Removal Order, Can I Apply for Parole in Place?
Although the USCIS says that people in removal proceedings and people with unexecuted removal orders may apply, you should speak to your attorney first to discuss any risks and to strengthen your case. Also, your lawyer can help you file any additional paperwork that can help your case with the immigration courts or USCIS.
I have DACA, Can I apply for PIP?
People with DACA – who have not traveled abroad with Advance Parole and meet the PIP requirements can apply. DACA recipients who entered with Advance Parole do not need this program to get their green cards.
I Overstayed My Visa, Can I Apply for Parole in Place?
This Parole in Place program is only for undocumented spouses and stepchildren who entered the US without inspection or parole. Visa overstays should discuss their options with an immigration lawyer.
Can I apply for Parole in Place with a Criminal Conviction?
You may apply for parole in place if you have minor traffic related offences. Other convictions will create a rebuttable presumption of ineligibility even if expunged, sealed, etc. Speak to your attorney about whether you can do anything to overcome problems caused by a criminal conviction.
If you have an ongoing or pending criminal case, you must wait until it is over before you can file for parole in place.
Felony convictions, including felony driving under the influence (DUI) offenses, are disqualifying.
Additionally, disqualifying criminal history includes convictions for the following offenses, regardless of whether the offense is classified as a felony:
- Murder, torture, rape, or sexual abuse;
- Offenses involving firearms, explosive materials, or destructive devices;
- Offenses relating to peonage, slavery, involuntary servitude, and trafficking in persons;
- Aggravated assault;
- Offenses relating to child pornography, sexual abuse or exploitation of minors, or solicitation of minors;
- Domestic violence, stalking, child abuse, child neglect, or child abandonment; and
- Controlled substance offenses (other than simple possession of 30 grams or less.
The USCIS can deny or revoke your Parole in Place PIP or green card if they find out that you lied on your application.
Finally, always tell your immigration attorney if you have re-entered the US illegally after a previous deportation, made a false claim to US citizenship, voted in elections, have criminal convictions, drug related arrests, immigration violations or have filed previous immigration applications.
We are Here to Help You Apply for your Parole in Place Application
Our immigration law office is here to help you apply for your Parole in Place application and keep your family together here. Well prepared applications get approved faster, and our immigration lawyer can help you avoid unnecessary delays or denials.
Contact Us to Start your Parole in Place
If you want to apply for your Parole in Place application confidently, efficiently and with peace of mind, please contact us at Law Offices of Doreen A Emenike at (626) 256-8500. You may also book an appointment on our website www.emenikelaw.com
Thank you for reading this article.
Read more: How to respond to a USCIS Notice of Intent to Deny (NOID)
Read more: Military Parole in Place
Related reading: How to respond to a USCIS Request For Evidence (RFE)
