Keeping Families Together
In June, 2024, the Biden Administration announced a new Parole in Place (PIP) process that goes into effect on August 19, 2024. The program’s policy is designed to keep families together and protect those who are married to U.S. citizens and their children.
On August 19, 2024, USCIS will begin accepting requests using a new electronic FormI-131F, available only through www.uscis.gov and using a My USCIS Online Account.
See here: How to create a USCIS Online Account
1. A legally valid marriage to a U.S. citizen since June 17, 2024
2. Be present in the United States without admission or parole
3. Have been residing continuously in the United States for at least 10 years as of June 17, 2024.
4. Not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety and
5. Merit a favorable exercise of discretion
1. Unmarried and Under 21 as of June 17, 2024
2. Have a parent. whose marriage was legally valid to a US Citizen on or before June 17, 2024 and before the child’s 18th birthday
3. Are present in the US without admission or parole
4. Have been continuously physically present in the U.S. since June 17, 2024 to present
5. Have no disqualifying criminal history and
6. Merit a discretionary grant of parole for significant public benefit or urgent humanitarian reasons
Frequently Asked Questions
USCIS will begin accepting applications on August 19, 2024 through Form I-131F with the appropriate filing fee. All applications must be filed online through a My USCIS account. See link here on how to create an account: https://www.uscis.gov/file-online/how-to-create-a-uscis-online-account
There will be NO paper filings. Anything mailed to USCIS will be rejected.
Technically, none…yet. It gives those who qualify, a parole- meaning a one-time grant of authorized status valid for 3 years. During this time, you can apply for work authorization and will be eligible to apply for lawful permanent residence or a green card based on their marriage or stepchild relationship
Evidence of Identity, valid marriage to a U.S. Citizen; Evidence of spouse’s citizenship and documentation to establish continued physical presence for at least 10 years before June 17, 2024** for a complete list with suggestions, please make an appointment with one of our attorneys **
Yes! After you apply for parole in place and it is granted, recipients can apply for discretionary work authorization through form I-765. You can apply on paper or online with the appropriate fee or a fee waiver.
YES! We would encourage those who are eligible to apply for PIP if eligible even if you already have an I-601A pending. This program is different in that it allows you to apply for a green card without having to leave the U.S. and gives you the benefit of a work authorization after it is granted. Please speak to a qualified attorney to best guide you.
If your request for parole in place is denied, USCIS will NOT issue notices to appear in front of an Immigration Judge or refer your case to Immigration and Customs Enforcement (ICE) so long as you do not pose a risk to public safety, national security or border security.
** Speak to a qualified attorney if you have any criminal history or immigration violations BEFORE you apply**
If you qualify for Parole in Place and would like to learn more about the process, please schedule a consultation with our attorneys.