H1B Visa Lawyer Blog
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- What form is being used to file the Biden Keeping Families Together program? It is a new form, Form I-131F that can only be filed online through a MyUSCIS online account. The USCIS filing fee for Form I-131F is $580.00. No filing fee waivers are available. Note: As of August 26th, an administrative stay has been issued for at least 14 days. Applicants may continue to submit filings but the USCIS cannot rule on them during this time frame.
- How long is Parole in Place expected to last? If your application is approved, it will be valid for a period of 3 years. There are no plans to re-new or re-parole someone who is granted Parole in Place under the Keeping Families Together process.
- I overstayed my nonimmigrant visa; would I be eligible to apply for the PIP program? No, parole in place is only available to those who are present in the United States who have NOT been admitted.
- I have DACA, what risk do I have in submitting a Parole in Place application? If a DACA recipient is in a valid period of parole at the time the DACA renewal request is adjudicated, USCIS will deny the DACA renewal request as a matter of discretion. You should speak with an experienced Immigration Attorney prior to submitting any application for Parole in Place.
- Is Parole in Place a new process? 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).
- Is there a current path for status for these people (undocumented Spouses of U.S. Citizens)? Yes. 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 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 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, eliminating the need to leave the United States and reducing the backlog of the I-601A that is currently taking over 41 months to adjudicate.
- Is there a chance that this PIP program will be litigated in the Courts? The Keeping Families Together Parole in Place program was made available through the USCIS website on Monday, August 19th and by Friday, August 23rd a complaint and request for a temporary restraining order were filed in the Court by 16 States. As of Monday, August 26th, there has been NO DECISION on the lawsuit challenging Parole in Place (PIP) and the USCIS will continue to accept and adjudicate cases until such time as they are prohibited from doing so.
- If I have a criminal conviction, can I still file for Parole in Place under the Keeping Families Together program? It depends. All felony offenses will be disqualifying under the Parole in Place process. Convictions for the following offenses are also disqualifying regardless whether the conviction was a felony or misdemeanor: Murder, Torture, Rape, or Sexual Abuse; Offenses involving firearms, explosive materials, or destructive devices; Engaging in activities 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; Controlled Substance Offenses (other than simple possession of 30 grams or less of marijuana). However, all other criminal convictions not listed by the USCIS, excluding minor traffic offenses, will result in a presumption of ineligibility. You should speak with a qualified Immigration Attorney to assess your eligibility under this process.
- The government does not know that I am here, and it appears that I qualify for the program, with no criminal convictions. Should I apply? You need to speak with an experienced Immigration Attorney to discuss all of the risks involved with this Parole in Place program.
- What are the eligibility requirements for the Keeping Families Together Parole in Place program? 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;
- Not have any disqualifying criminal history;
- Not constitute a threat to national security or public safety; and
- Pass normal background checks.
More frequently asked questions about the Keeping Families Together Parole in Place program can be found by visiting the USCIS website @
https://www.uscis.gov/keepingfamiliestogether/faq.
MVP Law Group would like to thank everyone who contributed a question or comment.
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