đ˘A federal judge extended the temporary stay on the Parole-in-Place (PIP) program (also known as the âKeeping Families Togetherâ policy) until September 23. During this period, USCIS may continue to accept and process PIP applications for eligible immigrants, but it cannot approve any applications until the temporary suspension is lifted.
Family Unity Family Unity Parole-in-Place (PIP) Process for Immigrant Spouses and Children of U.S. Citizens
On June 18, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced a new initiative, Keeping Families Together, for certain immigrant spouses and children of U.S. citizens living in the U.S. This program is designed to make it easier to apply for legal status without having to leave the U.S. through a process known as Parole-in-Place (âPIPâ for short).
Many immigrants in mixed-status families are unable to obtain their green cards in the U.S. because they entered without permission. Instead, they must request waivers and apply for their immigrant visas outside through a U.S. consulate. That process is lengthy and carries the risk of being separated from their families while abroad.
The purpose of this program is to help these immigrants by providing a better pathway to become lawful permanent residents without leaving the country and avoiding family separation.
If approved for PIP, applicants are provided temporary protection from deportation and can apply for a work permit. More importantly, approved applicants could be eligible to apply for lawful permanent residence in the U.S. if they meet additional requirements under a separate process known as âadjustment of status.â
Basic Qualifications
To qualify for PIP, the applicant must meet the following basic requirements:
- Must be present in the U.S.
- Must have entered the U.S. without admission or parole (in other words, must have entered illegally without permission)
- Must have been continuously physically present in the U.S. since at least June 17, 2014, through the date of filing your PIP application
- Must be legally married to a U.S. citizen as of June 17, 2024
- Must have no disqualifying criminal history
- Must not present a threat to national security or public safety
If your U.S. citizen spouse has died and you have not remarried, you may still qualify for PIP if the qualifying relationship existed as of June 17, 2024.
USCIS will evaluate these requests individually on a case-by-case basis and decide if the applicant merits approval at their discretion. This means that even if you meet the basic requirements, USCIS may still deny your application if they believe you do not deserve PIP benefits based on your history.
Stepchildren Applicants
Stepchildren of U.S. citizens may also apply for parole under this process if they meet the following requirements:
- Must have a noncitizen parent who is legally married to a U.S. citizen as of June 17, 2024
- Must be physically present in the U.S. without admission or parole as of June 17, 2024, and through the date of filing the PIP application
- Must be under 21 years of age and unmarried as of June 17, 2024
- The marriage of the parent and U.S. citizen stepparent must have occurred before the stepchildâs 18th birthday
Stepchildren applicants do not have to show 10 years of continuous physical presence.
If a parent or U.S. citizen stepparent is deceased, the stepchild may still file for PIP so long as the requirements above are met.
Stepchildren must file their own PIP applications and pay a filing fee.
What does âcontinuous physical presenceâ mean?
To be eligible for PIP based on marriage to a U.S. citizen, applicants must show they were continuously physically present in the U.S. since at least June 17, 2014, through the date of filing the PIP application.
Brief departures from the U.S. that occurred prior to June 17, 2024 will generally not break the continuous physical presence required for PIP if the trip was short and did not involve illegal activities. Departures following a deportation order or grant of voluntary departure may break the continuous presence period for PIP eligibility.
Moreover, continuous physical presence may be interrupted if an applicant was apprehended by immigration officials on or after November 1, 2020 while or after entering the U.S. unlawfully.
Can I file for PIP benefits now?
USCIS will begin accepting applications on August 19, 2024.
The application form is Form I-131F, which is filed online with USCIS. The filing fee is $580. The filing fee cannot be waived. USCIS will not refund the filing fees no matter the action taken on your case or how long it takes to decide the application.
What is the filing process and subsequent steps?
- File the application. Submit Form I-131F online through a USCIS online account and pay the filing fee of $580. You must submit passport photos and supporting documents with your application. The application and supporting documents may be filed through your attorneyâs USCIS online account if you have a legal representative.
- Biometrics appointment. USCIS will schedule an appointment at an application support center near you to get your fingerprints and biometric information. In certain cases, USCIS may reuse your prior biometric information if you had applied for an immigration benefit in the past.
- Request for evidence (RFE). If USCIS believes it needs additional evidence to make a decision on your case, it may send you a request for evidence through your online account. You must upload the requested evidence before the designated deadline date or your application could be denied.
- Decision. Approval allows you to apply for work authorization separately through Form I-765. However, an approval does not guarantee eligibility for lawful permanent residence.
USCIS may schedule an interview to discuss your application before making a final decision.
What if I am in deportation proceedings or have a deportation order?
If you are currently in deportation proceedings, you are still eligible to apply for PIP if you meet the requirements.
If you have a prior âunexecutedâ deportation order, you may apply for PIP but must prove that you deserve this benefit as a matter of discretion, including providing evidence of the circumstances surrounding your deportation order and other extenuating factors, such as:
- You did not receive notice of your hearing
- Your age at the time of the proceedings
- You did not have an attorney to help you
- You were a victim of fraud or crime
- Your physical or mental condition during your proceedings
If you returned the U.S. unlawfully after having been ordered deported, you are not eligible for PIP.
Please consult with an immigration lawyer if you are currently in deportation proceedings or have a prior deportation order.
What types of criminal offenses can disqualify me for PIP?
All felony convictions will disqualify you from applying for PIP.
Convictions for the following crimes will also disqualify you for PIP:
- Murder, rape, or sexual abuse
- Firearm offenses or offenses involving explosive or destructive devices
- Human trafficking and involuntary servitude offenses
- Aggravated assault
- Child pornography or sexual crimes against minors
- Domestic violence, stalking, child abuse or neglect
- Drug offenses other than a simple possession of 30 grams or less of marijuana
For all other offenses not listed, USCIS will presume you are ineligible for PIP unless you can provide evidence of positive factors showing that you deserve PIP if you have a criminal record.
Importantly, USCIS may still consider your criminal history even if your conviction was dismissed, expunged, withheld or sealed.
If you have pending criminal charges, you may not apply for PIP until your case is resolved.
If you have been arrested or charged with a crime, it is important that you consult with a lawyer before submitting your PIP application.
What kind of documentation do I need to apply for PIP?
To apply for PIP, you must submit the following documents with your application:
- Proof of your identification
- Copy of a valid government-issued ID card or passport (or âmatriculaâ), even if expired. If this is not available, a copy of your birth certificate along with some kind of photo identification card (school ID, for example)
- Proof of legal marriage to a U.S. citizen as of June 17, 2024:
- Copy of your marriage certificate to a U.S. citizen and divorce decrees if any
- Copy of your spouseâs U.S. birth certificate, U.S. passport, or naturalization certificate
- Proof of continuous physical presence in the U.S. since June 17, 2014, and through the date of filing your PIP application:
- Income taxes, rent receipts or mortgages, bills, bank records, payments, receipts, medical records, school records, insurance statements, birth certificates of your children born in the U.S., etc.
- Certified arrest and court records:
- If you have been arrested or charged with a crime other than a traffic ticket (that does not involve drugs or alcohol), you will be required to provide police and court records.
- If you were arrested but no charges were filed, provide a statement from the police that no charges were filed.
- If the court or police no longer have records, provide a statement from the court or police that such records no longer exist.
- If you have a criminal or deportation record:
- Any additional evidence that you believe USCIS should consider in your favor.
What if I was not officially married to a U.S. citizen as of June 17, 2024?
Depending on the law of your state, it may be possible to claim âcommon lawâ marriage by meeting certain requirements. A common law marriage is the legal recognition of a coupleâs relationship as a marriage without a formal ceremony or license.
In Texas, for example, a couple may be common law married if they (1) had agreed to be married, (2) lived together in the state after their agreement, and (3) represented to others that they are married.
However, not all states recognize common law marriage. Please consult with an attorney to determine if you meet the specific requirements for common law marriage, which vary by state.
Will I get my green card if I am approved for PIP under this new process?
Not immediately. If you are granted PIP, you will have temporary legal status for up to three years. You may apply for work authorization after you are approved through Form I-765. You cannot file your PIP application and work permit application at the same time.
An approval of your PIP application does not authorize you to travel outside the U.S. You must apply for special travel authorization to leave and return to the U.S. known as advance parole. Consult with a lawyer if you need to travel outside the U.S. after your PIP is approved.
If approved for PIP, eligible applicants may apply for lawful permanent residence in the U.S. based on a family immigrant petition through the adjustment of status process.
Please consult with an attorney or authorized representative to determine your eligibility.
Is the new Parole-in-Place (PIP) process a secure option?
The new PIP process offers temporary relief for certain undocumented individuals, but it is not a guaranteed solution, at least not at this point. There are significant concerns about potential litigation that could challenge its legality and disrupt its implementation. Before filing, it is important to check for any court-ordered suspension in the PIP program. Additionally, the process is vulnerable to changes in administration, as new leaders with differing immigration policies could revoke or alter the program.
Nothing prevents you from applying for PIP while pursuing an immigrant visa or provisional waiver. This could be a good approach for some applicants, considering the uncertainty of the PIP program at this point. However, we strongly advise that you carefully assess your choices with a lawyer or authorized representative to fully understand the potential risks and choose the best course of action for your case.
Avoid Scams
Be cautious of scams related to this new process, especially from individuals who promise results. Only seek information and assistance from trusted sources, such as licensed immigration attorneys and accredited legal representatives.
Chavez & Valko â Your Key to Immigration Solutions
To speak with one of our immigration lawyers about your case or this new process
Office number: 214-251-8011 or book a consultation online at keyvisa.com
Offices in Dallas and Fort Worth. We handle immigration cases across the U.S.
Disclaimer: This info-sheet is for informational purposes only and does not constitute legal advice. It is important to check for any updates before determining your eligibility. Please consult with an immigration attorney for advice specific to your situation.
