H1B Visa Lawyer Blog
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- What is Parole in Place? Parole in Place (PIP) allows a foreign national who came into the United States without authorization (without being admitted, inspected or granted parole) the ability to stay in the United States for a certain period of time. If granted, PIP provides the foreign national with parole, which is treated as an ‘admission’ for purposes of applying for adjustment of status within the United States. PIP is granted on a case-by-case discretionary basis.
- Is Parole in Place new? Was it created by the Biden Administration? PIP is not new, and it was not created by the Biden Administration. PIP has been around for many years and used by many Presidents when Congress has failed to act on matters related to Immigration. The USCIS may grant parole in place on a case-by-case basis for urgent humanitarian reasons or significant public benefit under Section 212(d)(5)(A) of the Immigration & Nationality Act (INA).
- Who is eligible for this kind of Parole in Place? Each applicant will be considered on a case-by-case discretionary basis, and they must:
- Be present in the United States without inspection, admission or parole;
- Have been continuously present in the U.S. for at least 10 years as of June 17, 2024 (continuous presence since June 17, 2014);
- Have been legally married to a U.S. Citizen as of June 17, 2024;
- Be otherwise eligible to apply for Adjustment of Status (AOS);
- Not have any disqualifying criminal history;
- Not constitute a threat to national security or public safety; and
- Pass normal background checks.
- Is there a current path for status for undocumented Spouses of U.S. Citizens? Yes; however, that path is inherently risky and lengthy. Spouses of U.S. citizens are considered ‘immediate relatives’ of U.S. citizens and as such are generally eligible for an immigrant visa to obtain a green card/become a lawful permanent resident. Spouses of U.S. citizens who did not enter the country with permission (meaning they did not have a lawful admission, they were not inspected, admitted or paroled) they entered without inspection (EWI) and as a result have a much more difficult path to take to obtain a green card/become a lawful permanent resident. Because they have not been ‘inspected and admitted’ or ‘inspected and paroled’ they cannot apply to adjust status from within the United States. They are required to depart the country and attend an immigrant visa interview at a Consulate or Embassy abroad. However, once they leave to go to the Consulate, they often trigger either the 3 or the 10-year bar on legally re-entering and would be prevented from returning to the U.S. for up to 10 years for those who were unlawfully present in the U.S. for more than 1 year. Spouses of U.S. citizens who fall into this category may apply for a waiver called a Form I-601A Wavier, Application for Provisional Unlawful Presence Waiver that will forgive the ‘unlawful presence’ if approved. They must be able to establish through a totality of the circumstances that their U.S. citizen spouse would suffer ‘extreme hardship’ if the two were separated for a long time. Spouses apply for this provisional waiver BEFORE leaving the United States because approval of the wavier is not guaranteed and leaving without it is entirely too risky. Moreover, the USCIS is currently taking over 41 months to adjudicate these I-601A waivers. If the I-601A Waiver is approved, the Spouse of the U.S. Citizen would then need to make arrangements abroad to appear at the Consulate or Embassy for their immigrant visa interview, and if successful, would return to the U.S. as a lawful permanent resident/green card holder.
In other words, Spouses of U.S. citizens that entered the U.S. unlawfully and remained here are not eligible to apply for adjustment of status because they have not been ‘inspected and admitted’ or ‘inspected and paroled’. They would need to make plans to depart the U.S. and appear at a Consulate abroad for the Immigrant Visa interview. Leaving the U.S. without an approved I-601A provisional waiver would subject the Spouse of the U.S. citizen to a 3- or 10-year bar from returning to the United States.
Parole in Place would ‘correct’ the unlawful entry allowing them to be ‘inspected and paroled’ thus allowing them to apply to adjust status to become a lawful permanent resident/Green card holder from within the United States.
- Will a USCIS filing fee be required for this process? Yes, it is expected that there will be a USCIS filing fee for applying for Parole in Place (PIP). Once PIP is granted, the applicant will be eligible to apply for lawful permanent residence by filing Form I-485 with the USCIS. There are several USCIS filing fees involved with applying for lawful permanent residence.
- Is there a chance that this process will be litigated in the Courts? Yes, there is already significant talk of this process being litigated in the Courts. However, even if a grant of parole is revoked in the future, those who have already been granted PIP under this program will still be eligible for apply for lawful permanent residence without leaving the United States.
- What is the deadline to marry a US Citizen? Your marriage to a United States Citizen must have occurred prior to June 17, 2024 to be eligible for this PIP program.
- Anything we can do to prepare now? Yes, start gathering your documentation to demonstrate continuous presence since June 17, 2014. Evidence that can establish continuous presence in the United States may include: Medical records, Children’s school records, Federal & State Income Tax Returns; Mortgages & Lease Agreements; Driver’s License records; Car insurance policies; Life insurance policies; Domestic flight itineraries; U.S. Children’s birth certificates; Brochures from events attended along with time stamped photographs; Memberships in organizations; Credit card statements; Bank Statements; Utility bills; Receipts for purchases; Cell phone bills; Cable/Internet bills; Car loan/bill; Car registrations; Court records; 401K statements; IRA statements; W2 forms; pay statements; along with Affidavits from neighbors, teachers, co-workers & friends; etc.
- When will this program be available? Later in the Summer of 2024. We do not have a specific date of when the program will be announced with all of the eligibility requirements and details. It will be published in the Federal Register. https://www.federalregister.gov/
- Will your firm handle these PIP requests? Yes, once the program details are fully released by the U.S. Department of Homeland Security we intend to first screen potential clients and make them fully aware of the benefits and risks involved with this process. If they appear to be eligible and are willing to proceed, then we will begin working with them to prepare the PIP request. Please remember – This new program is NOT accepting applications now; details will be announced later this summer! Please DO NOT pay anyone a fee at this time; the wrong help can hurt!
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, July 19, 2024!
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