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!

Who can apply for PIP? (Keeping Families Together - PIP)

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

When and how can someone apply?

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.

How much is the Government Filing Fee?

$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.

Is it guaranteed to be approved?

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.

What do I get if I am approved?

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.

When can I apply for a work permit?

Once PIP is approved, you may apply for a work permit. The work permit will be valid for 3 years.

How long does it take to get PIP approved?

It depends, but usually, it is a few months. Since this is a new process this is just a guess.

How long does it take to get a work permit after I apply?

Usually a few months.

If I have DACA and I am married to a U.S. citizen, can I apply for PIP?

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?!

Can I apply for my green card after PIP is approved?

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.

Can I apply for PIP if I have the permanent bar?

Yes. Certain individuals are eligible to file for PIP even if they have the permanent bar. However, these individuals will not be able to adjust status, but they can file for a work permit and then a social security card. This is a big benefit even if you cannot file for your lawful permanent residency thereafter. If you do not know if you have the permanent bar, you should consult with an immigration attorney.

Can I apply for PIP even if I already have a case pending, like I already filed a 601A waiver?

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!

What if I have a criminal record? Will I qualify?

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.