Biden Administration's Parole-in-Place (PIP) or "Keeping Families Together" program became effective on August 19, 2024. However, 16 States, led by Texas, filed a lawsuit to stop the implementation of the program. On August 26, 2024, a federal judge in Texas issued an order to temporarily stop the program for 14 days, which can be extended. During this time, applicants may still submit PIP applications to USCIS, but USCIS may not grant parole in place. The following are some additional clarification of the program:
What are the basic requirements for the PIP program?
The applicant must be physically present in the United States and entered without having been admitted or paroled by immigration officers. Both spouses of U.S. citizens and stepchildren of U.S. citizens may apply. Spouse must be continuously present in the U.S. since June 17, 2014. Stepchildren must be continuously present in the U.S. since June 17, 2024. Spouse applicants must have a legally valid marriage to a U.S. citizen as of June 17, 2024. Stepchildren must have a parent who was legally married to a U.S. citizen by June 17, 2024, and before the child’s 18th birthday. Also, stepchildren must be under the age of 21 as of June 17, 2024. Applicants must not have a disqualifying criminal history, and must not pose a threat to national security or public safety.
Can an applicant who is in removal proceedings apply for PIP?
Applicants in removal proceedings may apply for PIP under this program if they are otherwise qualified. However, a pending PIP request does not prevent an undocumented applicant from being placed into removal proceedings by CBP or ICE.
How can an applicant obtain an employment authorization document?
There is no automatic EAD associated with the PIP application. However, after an applicant's PIP application has been approved, the applicant may apply for an EAD from USCIS based on the C11 category.
How can an applicant with approved PIP apply for a green card?
Applicants with approved PIP would be considered in a period of authorized stay, which means they may apply for a green card through adjustment of status based on petitions submitted by their family members. However, they must still meet other requirements for adjustment of status.
What happens if a spouse applicant's U.S. citizen spouse passed away?
If the death occurred after June 17, 2024, the applicant will still be eligible. USCIS allows widows and widowers to apply for parole status. However, this applicant may or may not be eligible for adjustment of status (green card) later on.
What happens if a spouse applicant and her U.S. citizen spouse divorce?
To be eligible for PIP, the applicant must be married to a U.S. citizen as of June 17, 2024, and stays married to the U.S. citizen until the time of filing the PIP petition.
If I am granted PIP parole status as a stepchild of a U.S. citizen, what will happen to me if my parent and U.S. citizen stepparent divorce before I am able to apply to adjust my status (before my parole period ends)?
If your noncitizen parent and U.S. citizen stepparent divorce, you may continue to be eligible as an immigrant petition beneficiary and for adjustment of status if your stepparent demonstrates an ongoing bona fide parent-child relationship to you. This might include evidence that you and your stepparent reside together or that your stepparent provides financial and emotional support for your care.
In light of the recent lawsuit blocking the PIP program, should I still file an application now?
It is ultimately your decision. Currently, USCIS is still accepting applications but may not approve them. The final result of the lawsuit is unclear now. Generally, applicants have a pending application are entitled to more legal rights than those who do not. In fact, USCIS has already approved some applicants' parole status who submitted their applications early on before the lawsuit was filed.
1 comment:
The order to stay the Parole or "Keeping Family Together" program has been extended until September 23, 2024 by a federal court judge in Texas.
Post a Comment