The official details about President Biden’s policy initiative which will allow certain undocumented spouses and stepchildren of U.S. citizens to apply for legal permanent residency via “Parole in Place” were released Monday.
A notice, which will be published in the Federal Register later this week, finalized the program’s eligibility criteria, application process, and more. Foreign nationals can begin submitting applications on Monday, Aug. 19.
Further information about the newly released official details related to the “Parole in Place” program for undocumented spouses of U.S. citizens follows below.
Eligibility criteria
Normally, individuals who enter the United States unlawfully cannot apply for permanent residence (adjustment of status) from inside the United States and must leave the country before doing so.
PIP allows for beneficiaries to avoid having to depart the U.S., which would normally trigger the three-year (if accrued more than 180 days but less than one year of unlawful presence during a single stay in the United States) and 10-year (if accrued one year or more of unlawful presence during a single stay in the United States) unlawful presence grounds of inadmissibility, a basis for the government to deny applications for legal permanent residency.
USCIS estimated that 500,000 undocumented spouses and 50,000 noncitizen stepchildren could be eligible to apply for Biden’s new “Parole in Place” program. To be eligible for “Parole in Place,” undocumented spouses of U.S. citizens must:
- Be present in the U.S. without having received admission or parole
- Have been “continuously physically present” in the United States for at least 10 years from the time the program was announced (June 17, 2024) through the date they official file for PIP
- Be legally married to a U.S. citizen on June 17, 2024, or beforehand
- Have “no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security”
Meanwhile, stepchildren of U.S. citizens must meet the below criteria to apply for “Parole in Place:”
- Be under the age of 21 as of the date the program was announced (June 17, 2024)
- Be currently present in the U.S. without having received admission or parole
- Have an undocumented parent who was legally married to a U.S. citizen before the child’s 18th birthday. The marriage must also have been before the date the program was announced (June 17, 2024)
- Have “no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security”
Undocumented spouses of U.S. citizens, as well as their children, applying for “Parole in Place” will also be required to submit biometrics and partake in background checks as well as “national security and public safety vetting.”
“Parole in Place” applications will be adjudicated on a case-by-case basis, according to USCIS.
“The burden is on the requestor to demonstrate by a preponderance of the evidence that they meet the eligibility criteria, and that parole is warranted as a matter of discretion for urgent humanitarian reasons or significant public benefit,” according to the notice set to be published in the Federal Register.
Application process for “Parole in Place” program
Undocumented spouses and stepchildren of U.S. citizens should meet with experienced immigration counsel to discuss their potential eligibility for the “Parole in Place” program.
Foreign nationals who meet the eligibility requirements will then need to complete the new Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens.
Each undocumented spouse and stepchild must file their own Form I-131F and pay the associated $580 filing fee. There is no fee waiver available for the Form I-131F, which can only be completed online.
Once the Form I-131F has been filed, applicants must submit their biometrics, which includes “fingerprints, photographs and a signature,” according to USCIS. USCIS will then make a final determination whether to grant the applicable undocumented foreign national spouse or stepchild “Parole in Place.”
USCIS said it considers the below criteria when making a final “Parole in Place” determination:
- Criminal history
- The existence of removal proceedings and unexecuted final removal orders
- The results of background checks, which include national security and public safety vetting, as well as any other positive or adverse factors
- Any other relevant information available to or requested by the organization
After adjudication of “Parole in Place” application
Undocumented spouses and stepchildren of U.S. citizens who are granted “Parole in Place” by USCIS will receive parole and work authorization in the country for up to three years. Beneficiaries of “Parole in Place” should then apply for their green card during the three-year period in which they are work authorized.
The attorneys at Garfinkel Immigration Law Firm are currently available to discuss eligibility and other requirements with potential “Parole in Place” beneficiaries. Please contact the Firm at 704-442-8000 or via email with any questions or to schedule a consultation.