Parole in Place for Spouses of US Citizens: A Pathway to Residency

Parole in Place for Spouses of US Citizens: A Pathway to Residency
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Parole in Place (PIP) for spouses and stepchildren of US citizens is a program issued by the Biden Administration to keep families together by allowing spouses and stepchildren of US citizens the benefit of applying for a special document known as parole. Thereafter, the parole permits the foreign national to apply for residency inside the United States without having to depart the U.S.
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What is PIP?

PIP is a temporary and discretionary benefit that creates opportunities for a foreign national to obtain their green card inside the U.S.

Who is eligible for PIP?

Foreign nationals may seek PIP if they:

• Have been legally married to a US citizen as of June 17, 2024, or have been the stepchild of a US citizen as of June 17, 2024
• Entered the U.S. without being inspected or admitted
• Have been present in the U.S. for 10 continuous years as of June 17, 2024
• Do not have disqualifying crimes
• Do not pose a national security threat and are not a danger to the public.

What are the benefits of PIP?

PIP will temporarily protect the foreign national from removal for a period of three years. A PIP holder may then apply for a work permit, obtain a social security number, obtain a driver’s license, and/or apply for adjustment of status (green card).

When can a foreign national apply?

Foreign nationals may apply for PIP as of August 19, 2024.

How does a foreign national apply for PIP?

Foreign nationals may apply online for PIP through www.uscis.gov by filing form I-131F.

What are the disqualifying crimes?

Felony convictions will disqualify an individual from PIP. Certain misdemeanor convictions will also disqualify the individual. For example, violent crimes, firearm offenses, domestic violence, and drug offenses (other than a single possession of marijuana under 30 grams) will disqualify the individual.

Will removal orders disqualify the individual?

Foreign nationals with unexecuted removal orders may seek PIP. If granted, then the individual will have to seek to reopen the removal order before seeking adjustment of status.

What are the risks associated with PIP?

By filing a PIP application, a foreign national is providing identifying information to the U.S. Department of Homeland Security. Should the person fail to qualify for PIP, that person runs the risk of immigration enforcement. In addition, a different political administration may consider eliminating the PIP program. Furthermore, potential federal litigation could derail the PIP program.

In conclusion, foreign nationals should consider whether the PIP is appropriate for their case. Each person has unique facts, and thus, strategies may vary from person to person. Therefore, it is best practice to seek the counsel of an experienced immigration lawyer before filing for Parole in Place.