ALERT:

On August 26, 2024, the United States District Court for the Eastern District of Texas, in Texas v. Department of Homeland Security, Case Number 24-cv-306 administratively stayed DHS from granting parole in place under Keeping Families Together for 14 days; the District Court may extend the period of this administrative stay.

While the process is administratively stayed, USCIS will:

  • Continue to accept filings of Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of
    U.S. Citizens.

  • Not grant any pending parole in place requests under Keeping Families Together.

The District Court's administrative stay order does not affect any applications that were approved before the administrative stay order was issued.

INTRODUCTION TO PIP

WHO: Undocumented spouses of United States citizens and their children.  
 

WHAT: President Biden announced on June 17, 2024 that the U.S. Department of Homeland Security (DHS) will implement two executive actions including the Parole in Place (PIP) for Undocumented Spouses of U.S. Citizens program to ensure that U.S. citizens with undocumented spouses and children can keep their families together.  
 

WHEN: On Monday, August 19, 2024, the U.S. Citizenship and Immigration Services (USCIS) will begin accepting applications. You cannot apply for this process yet. Any applications submitted before August 19 will be rejected. More information will be published in an upcoming Federal Register notice.  
 

HOW: Eligibility: To be considered for a discretionary grant of Parole in Place (PIP), on a case-by-case basis, under this process, you must:  

  • Be present in the United States without admission or parole; 

  • Have been continuously present in the United States for at least 10 years as of June 17, 2024; 

  • Have a legally valid marriage to a U.S. citizen as of June 17, 2024; 

  • Not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety; and 

  • Otherwise merit a favorable exercise of discretion. 
     

Noncitizen children of potential requestors may also be considered for Parole in Place (PIP) if, as of June 17, 2024, they were:  

  • Physically present in the U.S. without admission or parole; and 

  • Have a qualifying stepchild relationship to a U.S. citizen, as of June 17, 2024. 
     

ACTION: Remember, any applications submitted to USCIS before August 19 will be rejected.  
 

But here’s what you can do now: 

  1. Gather Documents: You can begin to prepare to file a parole application by gathering evidence of your eligibility, such as: 

  • Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate or proof of a recognized common law marriage

  • Documentation of proof of identity, including expired documents, may include: 

  • Valid state or country driver’s license or identification;  

  • Birth certificate with photo identification; 

  • Valid passport; or 

  • Any government issued document bearing the requestor’s name, date of birth, and photo. 

  • Evidence of your spouse’s U.S. citizenship, such as a passport, birth certificate, or Certificate of Naturalization;  

  • Documentation to establish your continued presence in the United States for at least 10 years, as of June 17, 2024. While more information will be made available in the forthcoming Federal Register Notice and subsequent FAQs, examples of documentation could include copies of: 

  • Rent receipts or utility bills; 

  • School records, yours or your children’s (letters, report cards, etc.); 

  • Hospital or medical records; 

  • Attestations to your residence by religious entities, unions, or other organizations, identifying you by name; 

  • Official records from a religious entity confirming participation in a religious ceremony; 

  • Money order receipts for money sent into or out of the United States; 

  • Birth certificates of children born in the United States; 

  • Dated bank transactions; 

  • Automobile license receipts, title, or registration; 

  • Deeds, mortgages, or rental agreement contracts; 

  • Insurance policies; or 

  • Tax returns or tax receipts. 

For noncitizen children of requestors, evidence of eligibility could include: 

  • Evidence of the child’s relationship to the noncitizen parent, such as a birth certificate or adoption decree;  

  • Evidence of the noncitizen parent’s legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate; and, 

  • Evidence of the child’s presence in the United States as of June 17, 2024. 

If you are interested in this process, register or update your myUSCIS account. 

Seek Legal Help and Beware of Scams: Remember, you cannot apply for this process until August 19, 2024.  In the U.S., a notary public (notario público) is NOT authorized to provide you with any legal services related to immigration. Only an attorney licensed to practice law in the United States or an accredited representative working for a U.S. Department of Justice-recognized organization can give you legal advice. 
 

FREQUENTLY ASKED QUESTIONS:

APPLICATION PROCESS

1. Who benefits from Biden’s Parole in Place program announcement? What is the process called?

The name of the new process is Parole in Place for Undocumented Spouses of U.S. Citizens. Undocumented people who are married to United States citizens will be considered on a case-by-case basis for a discretionary grant of Parole in Place (PIP), and they must: 

  • Be present in the United States without admission or parole; 

  • Have been continuously present in the United States for at least 10 years as of June 17, 2024; 

  • Have a legally valid marriage to a U.S. citizen as of June 17, 2024; 

  • Not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety; and 

  • Otherwise merit a favorable exercise of discretion.

2. If an undocumented spouse of a U.S. citizen has been in the United States for LESS THAN 10 YEARS, as of June 17, 2024, do they still qualify?

No. Unfortunately, an undocumented spouse who cannot prove that they have been continuously present in the U.S. for at least 10 years as of June 17, 2024 — even if they meet all the other requirements — cannot benefit under this Parole in Place program. If you can, consult with an immigration attorney about your options if these are your circumstances.

3. What if an undocumented spouse of a U.S. citizen does not currently live in the U.S. Do they still qualify?

No. Unfortunately, an undocumented spouse of a U.S. citizen does not meet the program requirements under these circumstances because applicants must be present in the U.S. and have been continuously present in the U.S. for at least 10 years as of June 17, 2024, to benefit from this Parole in Place program. If you can, consult with an immigration attorney about your options if these are your circumstances.

4. Can the undocumented child of a noncitizen spouse covered by this policy also be considered for a grant of parole in place under the process? Is there an age limit?

Noncitizen children of potential requestors may be considered for Parole in Place under this process along with their noncitizen parent, if the child is physically present in the United States without admission or parole as of June 17, 2024, and has a qualifying stepchild relationship to a U.S. citizen as of that date. To qualify as a stepchild under the Immigration and Nationality Act, the noncitizen child must be unmarried, under the age of 21, and the marriage of their noncitizen parent and U.S. citizen stepparent must have taken place prior to the child’s 18th birthday. Further guidance on this topic is forthcoming.

5. When will the application process start? What happens if I apply before that date?

USCIS is not currently accepting applications under this process and will begin accepting applications on August 19, 2024. If you apply before August 19, USCIS will reject your application. USCIS will soon publish additional guidance to explain the application process and requirements to be considered for parole in place. The notice will explain what forms to file, the associated filing fees, any required documentation, and supporting evidence that will be needed to request Parole in Place.

6. What is the application process?

To be considered for parole under this program, an individual will need to file a form with USCIS along with supporting documentation to show they meet the requirements and pay a fee. 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 19, 2024. 

Once USCIS receives a correctly filed application, they will review each case individually and decide if granting parole would significantly benefit the public or if there are pressing humanitarian reasons to do so. They’ll also consider whether the applicant deserves a favorable decision. For every request, USCIS will look at the applicant’s past immigration history, any criminal record the applicant might have, results from background checks, information from national security and public safety screenings, and any other relevant information USCIS has or asks for. USCIS will use all this information to make their decision about the parole request. 

7. What will be the duration of parole? What happens when it ends?

Under this process, a qualifying individual may be granted parole on a case-by-case basis for up to three years. This period provides an opportunity for eligible spouses of U.S. citizens granted parole to file a 
Form I-485, Application to Register Permanent Residence or Adjust Status (and concurrent Form I-130, Petition for Alien Relative, if applicable). At the conclusion of the parole period, USCIS anticipates that these individuals will have either a pending adjustment application or final adjustment adjudication completed. 

8. What documents do I need to provide to establish that I have been continuously present in the U.S. for at least 10 years, as of June 17, 2024?

Although USCIS will not begin accepting applications until August 19, 2024, you can begin to prepare to file a parole application by gathering evidence of your eligibility. See the “ACTION” section above in our program announcement breakdown for examples of documents that can be helpful for your application. 

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SAME-SEX MARRIAGE / SEPARATION 

9. What if a couple is separated?

For potential requestors in these circumstances, we recommend waiting for further guidance on this program to be released and consulting with an immigration attorney. In the meantime, you can start gathering documents suggested above to prove other requirements in case you are eligible and can benefit from this program. 

10. What about same sex couples?

Same sex couples are allowed to apply as it is federally recognized under the law.

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FEES / DEADLINES 

11. What is the fee for applying for Parole in Place under the USCIS process? Can the fee be waived?

USCIS will provide future guidance about the application process, including information about filing fees and waivers, for individuals seeking Parole in Place under this process.

12. Is there a deadline to apply for this immigration benefit?

Information regarding any important dates such as deadlines (if any) should be detailed in forthcoming guidance from USCIS.

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QUESTIONS RELATED TO POTENTIAL BENEFICIARIES

13. I was lawfully admitted to the United States on a nonimmigrant visa but overstayed my period of authorized stay. Am I eligible for Parole in Place under the process?

No. Parole in Place under this process may be granted only to certain individuals who are present in the United States without admission. This process is not available to those who were previously lawfully admitted to the United States, for example, those who came with a visa. However, an individual may be eligible to apply for adjustment of status to that of lawful permanent resident (LPR) without parole in place if previously lawfully admitted and applying as an immediate relative of a U.S. citizen.

14. If I am in removal proceedings that are pending before an immigration judge, am I eligible for this process? Who will decide my parole application?

Noncitizens in removal proceedings may apply for parole in place under this process before USCIS if they otherwise qualify under this process. USCIS will weigh, on a case-by-case basis, the existence and circumstances of the removal proceedings, as well as the applicant’s positive equities, in determining whether to grant parole in place. However, a noncitizen who is in removal proceedings because they are an enforcement priority under the Guidelines for the Enforcement of Civil Immigration Law, issued by Secretary Mayorkas in September 2021, will be disqualified

15. If my parole request is pending and I am encountered by U.S. Customs and Border Protection (CBP) or U.S. Immigration and Customs Enforcement (ICE), will I be placed into removal proceedings?

The Guidelines for the Enforcement of Civil Immigration Law direct the Department of Homeland Security to focus its limited resources on noncitizens who pose a threat to our national security, public safety, or border security. An application under this process does not prevent CBP or ICE from taking enforcement action against an individual when otherwise appropriate under applicable law and policy. CBP and ICE reserve the discretion to place these noncitizens in removal proceedings.

16. If USCIS denies my application for parole, will I be placed in removal proceedings?

If USCIS denies a request for parole, USCIS maintains discretion to issue a Notice to Appear (NTA) or refer the case to ICE for possible enforcement action consistent with the Guidelines for the Enforcement of Civil Immigration Law issued by Secretary Mayorkas on September 30, 2021.

17. If I have criminal history, can I apply for parole under this process?

All applicants will undergo checks by USCIS for risks to national security or public safety as part of the application process. Anyone found to be a threat will not be allowed to continue and may be reported to law enforcement. People who pose such threats are not eligible for this process, which aligns with current immigration enforcement priorities. If a threat is identified, the person might be detained, removed from the country, or their case may be sent to other government agencies for further investigation. Certain criminal records will prevent some people from being eligible for this new process. This includes crimes that would normally disqualify someone from becoming a permanent resident, as well as other crimes that, while not automatically disqualifying, are serious enough to warrant exclusion from the process. Further guidance by USCIS is forthcoming. 

18. If I have a pending immigration application, would I be barred from filing a Parole in Place application?

USCIS will provide future guidance about the application process, including questions related to potential beneficiaries seeking parole under this process. 

19. If I was arrested upon my first entry into the U.S. and removed, can I apply for a Parole in Place and receive the promised immigration benefits?

USCIS will provide future guidance about the application process, including questions related to potential beneficiaries seeking parole under this process.

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EMPLOYMENT AUTHORIZATION 

20. If I am approved for parole, when can I apply for an employment authorization document (EAD)? Can I apply for an EAD at the same time as when I apply for parole?

An individual who is granted parole is immediately eligible to apply for an EAD from USCIS and can do so by submitting a completed Form I-765, Application for Employment Authorization, using the (c)(11) category code. Further information about the process to apply for an EAD will be included in the forthcoming guidance. 

21. How long will it take to receive a decision on my employment authorization application?

Application processing times vary. USCIS has several tools that individuals can use to request information about their applications submitted to the agency, including the Case Status Online tool. 


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POSSIBLE LAWSUIT 

22. If there is a lawsuit against this new program, how will it affect me if I am eligible for the program?

The potential impact of a lawsuit on this program is currently uncertain. If a lawsuit is filed, it may affect the program’s implementation, but the exact consequences are not known. We expect more information to become available around and after August 19, 2024 when the application period is scheduled to open. We recommend that eligible individuals regularly check the USCIS website for updates on the program’s status. In the meantime, we encourage those who may qualify to continue gathering necessary documents for the application.