Summary
President Joe Biden and the Department of Homeland Security (DHS) announced the expansion of an immigration benefit called Parole in Place (PIP). The initiative aims to provide work authorization and a path to legal permanent resident (LPR) status to noncitizen spouses who entered the U.S. illegally and have been in the U.S. for at least 10 years. PIP is also available to children under 21 years old of these noncitizen spouses. These individuals will be able to apply for LPR status (green cards) through their spouses without facing years of separation from their families.
USCIS still needs to establish processes and procedures for the new PIP program. USCIS is not yet accepting applications, and applications submitted before the official start date will be rejected.
Current Challenges and New Solutions
Today, many individuals married to U.S. citizens can apply for LPR status through marriage. However, without the new PIP program, noncitizens who entered the U.S. illegally must leave the U.S. to be processed abroad, often resulting in prolonged or indefinite separation from their families.
PIP in the Past
The Immigration and Nationality Act of 1952 established the foundation of current U.S. immigration law. This Act included a provision that created PIP. It gave the Attorney General the discretionary power to grant “parole” to certain noncitizens outside the U.S. to enter the U.S. . due to urgent circumstances.
Presidents and government officials have been revising the laws ever since. Groups of immigration proponents and opponents also continue to campaign for legal reformations.
PIP in the Public Eye
More people learned about PIP in the 2000’s. Yaderlin Jimenez was an illegal immigrant facing deportation. Her husband, U.S. Army Specialist Alex Jimenez, was captured during an insurgent attack in Iraq in 2007. His disappearance earned the case national attention. The Department of Homeland Security (DHS) exercised its authority to grant a “discretionary parole” to Yaderlin. Eventually, she was allowed to adjust her status to a permanent resident despite her unlawful entry.
The Legacy of PIP
The Jimenezes’ story put a public face on the private pain of many military families who would not benefit from the same attention.
The USCIS reacted. It took some years, but they created policies and procedures for military personnel parole in place (MIL-PIP) so that they and their family members could avoid deportation and have a path to lawful permanent residence and eventually US citizenship.
Eligibility – U.S. Military: Under MIL-PIP policy, the USCIS will review individual applications and determine approval on a case-by-case basis for spouses, parents, and sons and daughters of:
- Active-duty members of the US armed forces and Selected Reserve members (including National Guard members) or
- Veterans (living or deceased) of these services who served active duty and who were not dishonorably discharged.
Sons and daughters of qualifying military members and veterans are eligible for this benefit regardless of age or marital status.
PIP in the Present
Military parole in place is still available today and has benefited many military families. It allows the eligible family member who entered the US illegally to be able to apply to get a green card. Without PIP, the family member would not be eligible for a green card. and this family member would have to leave the US and immigrate back to the US. There would also be a 10-year bar for this family member to return to the US.
This law still applies today. Here are two very important points if you have a family member who entered the US illegally and who wants a green card: Without Parole-in-Place they must leave the US and re-enter the US legally. If your family member has been in the US unlawfully for one year or more and your family member leaves the US, your family member will be barred from re-entering the US for 10 years.
PIP Promises
As noted above, the President has directed the USCIS to expand the PIP process to certain undocumented spouses and children of U.S. citizens. These recipients will be able to apply for permanent resident green cards and eventually pursue U.S. citizenship without the need to leave the U.S. This initiative applies to certain spouses and children who entered the US illegally and are already in the United States, as opposed to migrants who are arriving at the border.
Proposed Eligibility
DHS will assess requests individually, focusing on the following criteria for eligibility:
1. Spouses and Children of U.S. Citizens:
- Must have lived in the United States for at least 10 years as of June 17, 2024.
- Must have entered the United States without permission.
- Must not have left the United States during this period.
- Must be legally married to a U.S. citizen or have a qualifying stepchild relationship with a U.S. citizen as of June 17, 2024.
- Must have a clean criminal record and pose no threat to national security or public safety.
If these criteria are met, parole-in-place may be granted for three years, along with potential employment authorization for the same duration. Within these three years, individuals can apply for their green cards.
Problems with PIP
At MyImmigration, we are an optimistic team driven by the opportunity for people to become legal U.S. immigrants. Unfortunately, we need to explain what may lie ahead for PIP.
Legal Battles: This is a policy that could benefit many families, but it may face lawsuits, leading to a prolonged legal battle. One legal organization has already pledged to file a lawsuit to block the parole-in-place program.
Logistics: USCIS needs to allocate resources and publish a formal notice to implement explain the application process, and provide additional guidance on requirements to be considered for parole. Parole in place has never been made available to such a large group of immigrants. USCIS may be overwhelmed.
Lies: Please do not become a victim of an immigration scam. This program has yet to start. Please wait to pay anyone to help you file for this yet.
Solutions with MyImmigration.com
The path from immigration to citizenship has become even more complex. You are not alone in your efforts; we are here to help. We offer legitimate immigration services that may be available to you now, and when the new PIP program starts, we’ll be here, too.
For more information or to schedule a consultation, visit us at MyImmigration.com
This blog serves as a general overview and is not intended to be legal advice. Schedule a consultation with me if you have questions or need personalized legal guidance. For the most up-to-date immigration information, you may want to visit US Citizenship and Immigration Services at uscis.gov or the State Department at travel.state.gov.
