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Parole in Place for Spouses of U.S. Citizens.

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PAROLE IN PLACE FOR SPOUSES OF UNITED STATES CITIZENS!!

On August 19, 2024, the USCIS began accepting applications for Parole in Place (Form I-131F). On Tuesday, June 18, 2024, President Biden announced his executive action permitting the immigration office (USCIS) to issue Parole in Place (PIP) to qualified undocumented immigrants who are married to United States Citizens as of June 17, 2024. Keeping Families Together. PIP is a temporary right to remain in the U.S., protecting someone from deportation, and thereafter allowing someone to apply for a work permit. Once paroled into the U.S. many people, but not all, will be eligible to apply for Lawful Permanent Residency. Being able to obtain your green card in the U.S. without having to leave the U.S. is a huge advantage and will keep your family together during this entire process!
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The following people are eligible for PIP: 

  1. Have continuously resided in the United States for the past 10 years continuously - since June 17, 2014;
  2. Were physically present in the United States on June 17, 2024;  
  3. Have been legally married to a U.S. citizen as of June 17, 2024;  
  4. Entered the United States without admission or parole AND do not currently hold any lawful immigrant or nonimmigrant status;  
  5. Have not been convicted of any disqualifying criminal offense or are not a threat to national security.  
  6. The applicant warrants a favorable exercise of discretion. 

Undocumented immigrants who are married to United States citizens as of June 17, 2024, AND who have resided in the United States continuously for 10 years or more. Noncitizen stepchildren of United States citizens living in the United States as of June 17, 2024 also qualify.

Spouses and stepchildren must be present in the United States without admission or parole.

Set up a USCIS account on USCIS.gov. You may submit your application now on Form I-131F. Once your application is correctly submitted, you will receive a receipt notice.

$580.00. You may file only online and you will pay the government filing fee of $580.00 online with a debit or credit card when you submit the application online. There is no fee waiver for the government filing fee. There are no paper filings for this process.

No, it is a discretionary decision based upon many factors, not only that the immigrant is married to a United States Citizen in good faith. Your entire immigration and criminal history are major factors in this decision.
If PIP is approved, the USCIS will send an approval notice. That notice will explain the protection from deportation, and how long it is valid for. We anticipate that Parole will be granted for 3 years.
Once PIP is approved, you may apply for a work permit. The work permit will be valid for 3 years.
It depends, but usually, it is a few months. Since this is a new process this is just a guess.
Usually a few months.
Yes. DACA is not legal status, however, you are not eligible if you were admitted or paroled at any time, including on Advance Parole. If you returned on Advance Parole and are married to a U.S. Citizen, you are likely eligible already for adjustment of status under 245(a). What are you waiting for?!
Yes. Once your PIP is approved, your spouse can immediately file for Adjustment of Status for you. Of course, any recent immigration or criminal history may result in denial of Adjustment of Status.
Yes for some, and no for others. Many who have the permanent bar may be able to apply for PIP but cannot file for adjustment of status thereafter. If you do not know if you have a permanent bar, you should consult with an immigration attorney.
Yes, you are eligible to apply for PIP even if you have a Form I-130 Petition pending, a Form I-130 Petition approved, a pending 601A waiver, or an approved 601A waiver, or even in the last phase of consular processing. Of course, if you are eligible for PIP, you do not need to have filed any of these applications at all. You can start by filing for PIP and if approved, your spouse can immediately file for your Lawful Permanent Residency (LPR) a.ka. Your Green Card!
It depends on your criminal conviction record and also your juvenile record. Some convictions make you ineligible for PIP and some do not. If you have a felon conviction, you are not eligible for PIP. If you have a domestic violence conviction, including a misdemeanor conviction, you are not eligible for PIP. Consult an attorney if you have any arrest or conviction record.

Contact a Salt Lake City Fiancé Visa Attorney at Familia America Today

Attorney Gloria Cardenas brings more than 30 years of experience in immigration law to help protect the rights of clients and their family members. She and her knowledgeable team at Familia America work diligently behind the scenes to help process fiancé visa applications as quickly as possible. To learn more, contact the legal professionals at Familia America in Salt Lake City and schedule a consultation to discuss your case.

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