Important Parole in Place Update: August 26
On Monday, August 26, 2024, a U.S. District Court issued a 14-day stay (or pause) of the new USCIS Parole in Place (PIP) program to give the court time to decide a lawsuit filed by several states objecting to it.
USCIS will continue to accept PIP applications during the stay, but will only issue decisions once the court authorizes them. We expect the court to extend the stay beyond September 9, and hope that the court will issue its ruling before the end of the year.
If you are considering applying for PIP, we urge you to file immediately while the program remains open. There is no penalty or risk in filing at this time. And if the court eventually rules that the PIP program cannot proceed, there may be an advantage to having filed while the program was open.
Marshall Cohen from Antonini & Cohen Immigration Law Group shares an update on the Family Unity Parole in Place (PIP) program.
We’re thrilled to share a groundbreaking initiative from the Department of Homeland Security promoting family unity and stability! President Biden has ordered a process allowing noncitizen spouses of U.S. citizens to adjust their status to lawful permanent resident within the U.S. without leaving the country.
This initiative by USCIS could potentially benefit approximately 500,000 noncitizen spouses and 50,000 children of U.S. citizens, who may be eligible to adjust their status without the stress of international travel.
Under current law, persons who enter the country without inspection are generally not allowed to adjust their status in the U.S., even if married to a citizen, causing hardship and separation for those families.
Carolina Antonini, attorney at Antonini & Cohen, is thrilled to share about the new Family Unity Parole in Place program!
Parole in Place requirements
Be present in the U.S. without admission or parole.
Have been continuously present in the U.S. for at least 10 years.
Have a legally valid marriage to a U.S. citizen as of June 17th, 2024, including common-law marriages in states that recognize such unions.
Individuals must have no disqualifying criminal history, pose no threat to national security or public safety, and demonstrate that they merit a favorable exercise of discretion.
Additionally, children of potential applicants may be considered for parole under this process if they:
Are physically present in the U.S. without admission or parole, and
Have a qualifying stepchild relationship with a U.S. citizen as of June 17th, 2024.
When will applications for Parole in Place be received?
Further information regarding eligibility and the application process, including a notice in the Federal Register, will be published soon.
USCIS will reject any filings received before August 19th, the official start date of the application period.
How to apply for Parole in Place?
Noncitizen spouses must complete a form with USCIS and submit a fee. They must also provide supporting documents demonstrating they meet the eligibility requirements.
USCIS will evaluate each case individually, conducting background checks and assessing security considerations.
What can I do now?
PREPARE! USCIS considers an applicant's immigration and criminal history when making final decisions. It's crucial to assess both your eligibility for the program and your overall situation.
Stay tuned as we provide more details on how this initiative can positively impact families across the nation.
Call us at (470) 428-3200 or contact us via our online form to schedule a consultation so we can assess your eligibility for this new program.
At Antonini & Cohen, we know how!
Keeping Families Together by USCIS.
Other actions by the Biden-Harris Administration
The DHS is working on more efficiently facilitating access to certain employment-based nonimmigrant visas for eligible individuals, including Deferred Action for Childhood Arrivals (DACA) recipients and undocumented individuals who have graduated from an accredited U.S. institution of higher education.
You can read more about this in "Biden to Expand D-3 Waiver Access"