As previously announced by the Biden Administration, USCIS is to accept applications for the new Parole in Place (PIP) program from eligible undocumented spouses/stepchildren of U.S. citizens beginning Monday, 8/19/2024. Here is what you need to know about the application requirements and process.
Forms and Fees
USCIS is publishing a new form I-131F for the PIP program. The form I-131F will only be available for online filing. A filing fee of $580 is required for the application. There is no fee waiver eligible for this PIP application at the moment.
Who Can Apply?
To apply for Parole in Place using Form I-131F, applicants must meet the following criteria:
- Presence in the U.S.: The applicant must be physically present in the United States without prior admission or parole.
- Continuous Residence:
- Spouses must have been continuously present in the U.S. since June 17, 2014.
- Stepchildren must have been continuously present since June 17, 2024.
- Legal Marriage:
- Spouses 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 before the child’s 18th birthday and by June 17, 2024. They must also be under the age of 21 as of June 17, 2024.
- No Disqualifying Criminal History: The applicant must not have any criminal history that would disqualify them from obtaining parole.
- Security and Safety: The applicant must not pose a threat to national security or public safety.
Applicants in removal proceedings may apply for parole in place 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.
What Evidence is Needed?
To apply for parole status, applicants need to provide basic information including their name(s), contact information, date of birth, marital status, date of marriage, biographical information, criminal history, etc. Information regarding the applicant's U.S. citizen spouse/stepparent, such as name and SSN, is required as well. Applicants also need to provide the date of their last entry to the U.S. The form asks for applicants' Form I-601A (provisional unlawful presence) waiver receipt number too, if they have one.
Evidence of the applicant's identity, relationship with the USC spouse/stepparent, and physical presence, and criminal charges (if any), are required for the submission of the PIP application as well. Physical presence documents may include tax filings, receipts, medical documents, school documents, etc.
In addition, applicants are required to provide reasons to explain why they deserve parole status, including significant public benefit or urgent humanitarian reasons.
How to Apply?
The PIP application must be submitted online through applicants' (or their attorney's ) myUSCIS account. Each applicant, including stepchildren, must file their application on their own myUSCIS account. Paper applications submitted by mail or other means will be rejected by USCIS. Applications submitted before 8/19/2024 will be rejected as well.
Upon receipt of the application, USCIS will review the application and its supporting documents/evidence and grant requests on a case-by-case basis. Once the parole is granted, it will be valid as of the approval and good for 3 years from that date. It's worth knowing that, departure from the U.S. will automatically terminate the parole. This parole could be terminated by DHS as well, for any subsequent criminal conduct.
Do I get Employment Authorization?
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.
Path to Lawful Permanent Resident Status
According to USCIS, applicants are immediately eligible to apply for an EAD under the (c)(11) category upon approval of parole in place. More importantly, 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.
Stay Informed
The Biden Administration PIP program wipes out the biggest hurdle for undocumented immigrants who entered the U.S. without admission or inspection to be legalized in the country. However, as wonderful as it sounds, applicants' immigration/criminal history could still impact their cases, not to mention the complicated and confusing immigrant applications and requirements. The PIP program may also encounter legal challenges. Hence, it is important for interested applicants to consult with an experienced and trusted immigration attorney to receive individualized screening before applying for PIP.
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