Biden’s Parole in Place Program: What This Means for You
The Department of Homeland Security (DHS) has introduced a new program to support family unity for undocumented immigrants married to U.S. citizens. This new policy shift permits noncitizen spouses who have lived in the U.S. for at least ten years to apply for lawful permanent residence without needing to leave the country.
The program, called “Parole in Place” (PIP), aims to provide temporary legal status and work permits to undocumented individuals married to U.S. citizens who have resided in the U.S. for at least ten years as of June 17, 2024. This status will allow them to work legally and protect them from deportation while they adjust their immigration status.
With PIP, recipients can apply for permanent residency (green cards) and eventually seek U.S. citizenship without having to return to their home country.
While forms are not yet available, the PIP program will only be accessible to those who meet the following criteria:
- Have lived continuously in the U.S. for at least 10 years as of June 17, 2024.
- Were physically present in the U.S. on June 17, 2024.
- Be legally married to a U.S. citizen as of June 17, 2024.
- Pose no threat to public safety or national security and have no disqualifying criminal history.
- Have been present in the U.S. without admission or parole.
- Merit a favorable exercise of discretion.
Important Considerations
The program was announced on June 18, 2024. However, the necessary forms are not yet available. We are awaiting further guidance on the next steps for people to start applying.
Potential legal challenges—be aware that this new program may face lawsuits nationwide, which could result in injunctions and delays.
Other Policy Changes
DHS will also work with the Department of State to streamline the process for certain employment-based nonimmigrant visas, benefiting DACA recipients and undocumented noncitizens who have graduated from U.S. institutions of higher education. This effort aims to boost employers’ confidence in hiring and integrating talent into the workforce.
Frequently Asked Questions
- What if I already have an I-601A (Provisional Unlawful Presence Waiver) pending? Consult with one of our attorneys at the Powers Law Group about your eligibility for PIP. If eligible, PIP may allow you to bypass the I-601A waiver and adjust your status within three years through USCIS.
- What if my case is pending at the National Visa Center (NVC)? Depending on your case’s status at the NVC, you may be advised to continue with NVC or apply for adjustment under PIP.
- Does PIP help individuals with DACA? If eligible for PIP, DACA recipients can seek status adjustment through their U.S. citizen spouse.
How You can Prepare Now
Gather Essential Documents: Start by collecting all necessary civil documents, such as marriage licenses, birth certificates, passports, and other relevant paperwork.
Establish Proof of Physical Presence: Compile evidence that the immigrant spouse has been physically present in the U.S. for the past ten years. This can include school records, medical records, employment history, rent receipts, and other similar documents.
Collect Criminal Records: If there have been any arrests, ensure you have all related records and certified court dispositions.
If you have any questions or would like to discuss your potential eligibility, please contact us at (713) 589-2085 for a consultation. For more information, visit our website at rubypowerslaw.com.
