Are You Eligible for Parole in Place? Find Out Now!

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Shawn Sedaghat, Esq.

The Shawn S. Sedaghat Law Firm

Parole in Place (PIP) is an incredibly important option for undocumented family members, specifically, noncitizen spouses and stepchildren of U.S. citizens who are currently in the United States without proper documentation.

 

If that sounds like you or someone in your family, don’t worry—PIP is designed on “Keep Families Together”. And let’s face it, no one wants to be separated from their loved ones.

 

So, let’s break down the eligibility criteria and process for applying for Parole in Place, and make it as simple and easy as possible to understand.

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What is the Eligibility for Parole in Place?

The Parole in Place program under Form I131F is a process introduced by the Biden Administration made into effect by the Keeping Families Together initiative.

 

Keeping Families Together aims to promote family unity, specifically for certain noncitizen spouses and stepchildren of U.S. citizens who have entered the U.S. without the right paperwork to request parole in place (PIP). Furthermore, eligible individuals are given the chance to apply for permanent residence upon receiving the parole.

 

However, granting parole can only be made for undocumented family members that are eligible individuals who can provide the required evidence.

 

Don’t stress—it’s not as overwhelming as it sounds. Let’s look at the requirements for each group.

 

For Noncitizen Spouses:

  1. You’re in the U.S. Without Official Admission: If you’re in the U.S. without the proper visa or entry documents, you could qualify for PIP. It doesn’t matter how long you’ve been here, as long as you’ve followed the next requirement.
  2. You’ve Been Here Since June 17, 2014: This rule is important. You need to have been continuously physically present in the U.S. since June 17, 2014. Basically, you need to prove you’ve stayed in the country without leaving, and documents like rental agreements and utility bills are perfect for showing this.
  3. You’re Married to a U.S. Citizen: Your marriage needs to be legal and recognized in the U.S., and it should have taken place on or before June 17, 2024. You’ll need to provide a marriage certificate to show that you’re married to a U.S. citizen.
  4. Your Criminal Record is Clean: If you have a disqualifying criminal history, like serious offenses involving drugs, firearms, or domestic violence, you won’t qualify for PIP. But if your record is clean, you’re good to go. The government wants to ensure you’re not a threat to national security, public safety, or border security.

For Noncitizen Stepchildren:

The requirements for stepchildren are pretty similar to those for spouses, as instructed by the United States Citizenship and Immigration Services (USCIS) with a few important differences:

 

  1. You Were Under 21 and Unmarried by June 17, 2024: If you were under 21 years old and unmarried on June 17, 2024, and you meet the other criteria, you’re eligible.
  2. You’ve Been Here Since June 17, 2024: Like noncitizen spouses, stepchildren must show they’ve been continuously living in the U.S. since June 17, 2024. No big trips out of the country during this time.
  3. You Have a Valid Stepparent Relationship: Your noncitizen parent must have been legally married to a U.S. citizen before your 18th birthday. And, of course, that marriage must have happened on or before June 17, 2024.
  4. No Disqualifying Criminal History: Just like with spouses, stepchildren must also be free of any criminal records that might raise concerns around national security or public safety. If you have been proven to be a threat to national security and have a pending criminal charge, you might need to contact an immigration attorney to better guide you throughout the process.

What Documents Do You Need?

Alright, so you meet the eligibility criteria for Keeping Families Together—what’s next in this program by the US immigration system? You’re going to need to gather some key documents. These supporting documents are what will prove that you qualify for Parole in Place, so let’s go over what’s required:

 

  1. Proof of Identity: Think of this as the government wanting to know exactly who you are. You’ll need to provide a valid passport, national ID, or some other official ID.
  2. Proof of Relationship:
    • If you’re applying as a spouse, you’ll need your marriage certificate to prove that you are in a legally valid marriage.
    • For stepchildren, you’ll need your birth certificate to prove your parent-child relationship, plus a copy of your parent’s marriage certificate showing they’re married to a U.S. citizen.
  3. Proof of Continuous Presence: Documents like rental agreements, utility bills, and school records can help show that you’ve been living in the U.S. consistently since the required date.

Without these documents, your application might get delayed or denied, so it’s crucial to gather them all up before you apply.

Step-by-Step Guide to Applying for Parole in Place

Now that you know what you need, let’s walk through the application process step by step. It’s not as hard as it seems—just follow these instructions, and you’ll be on your way! This is almost the same process for both undocumented stepchild and their noncitizen parent.

 

Step 1: Create a USCIS Online Account

Everything starts with setting up an account on the USCIS website. This is where all your information goes, and where you can track your application once it’s submitted.

  1. Go to USCIS.gov, the official website for U.S. Citizenship and Immigration Services and login to your online account. If you do not have then;
  2. Create a USCIS online account by filling in your personal details like your full name and contact information.
  3. Once you’ve set it up, you’re ready to start your application!

Step 2: Complete Form I-131F

Form I-131F is the actual form you’ll be submitting to apply for PIP. It asks for a bunch of information about you and your U.S. citizen spouse or parent. Be sure to fill it out carefully—any mistakes could cause delays.

  1. Provide Personal Details: You’ll need to provide your full name, address, and other identifying information. This part’s straightforward but important.
  2. Family Information: You’ll also need to provide details about your U.S. citizen spouse or parent, including their name and citizenship status. For undocumented spouses, they need to present a marriage certificate to prove that they have a legally valid marriage.
  3. Upload Supporting Documents: Once the form is filled out, upload the supporting documents you’ve gathered (proof of identity, relationship, and continuous presence).

Step 3: Pay the Filing Fee

There’s a filing fee of $580 that must be paid when you submit your application. Unfortunately, there’s no way to get a fee waiver, so be prepared to make the payment online. This is the same amount needed to be paid for both undocumented spouses and noncitizen stepchildren.

 

Step 4: Attend Your Biometrics Appointment

After submitting the application, USCIS will send you a notice about a biometrics appointment. This is where they’ll take your fingerprints, photo, and signature. It’s all part of the background checks they do for security reasons.

Can Parole in Place Lead to Permanent Residency

What Happens After You Apply?

Once your application is submitted and your biometrics are completed, what happens next?

Here’s what to expect:

Review and Decision

After your application is submitted, USCIS will review everything. This process can take some time, so patience is key. They’ll check your documents, run background checks, and ensure you meet all the eligibility criteria. This is the same procedure for both undocumented spouses and noncitizen children.

Employment Authorization

One of the best benefits of Parole in Place is that once you’ve been granted parole, you can apply for employment authorization using Form I-765. This gives you the legal right to work in the U.S., which can be a huge help while you wait to adjust your status.

Can Parole in Place Lead to Permanent Residency?

While Parole in Place lets you stay in the U.S. temporarily, it doesn’t automatically mean you’ll get a green card or permanent legal status. But it does open the door to applying for adjustment of status, which could eventually lead to permanent residency.

 

Your U.S. citizen spouse or parent will need to file Form I-130 or Form I-360 on your behalf. Once that’s approved, you’ll be able to apply for adjustment of status by submitting Form I-485. If all goes well, this is what could lead to you becoming a lawful permanent resident.

 

Potential Challenges in the Process

There are a few bumps that might come up along the way, but they’re not impossible to overcome:

  1. Criminal History: If you have a disqualifying criminal history, you could face denial. It’s best to consult an immigration attorney if you have concerns about your past.
  2. Removal Proceedings: If you’re in removal proceedings, you can still apply for PIP, but your case might need more attention. Legal assistance is highly recommended in this situation.
  3. Proving Continuous Presence: Gathering the right documents to prove your continuous physical presence in the U.S. can sometimes be tricky. Make sure you have strong evidence like rental agreements, utility bills, and school records to avoid any issues.

Keeping Families Together with Parole in Place

The biggest benefit of Parole in Place is that it helps keep families together. It allows undocumented spouses and stepchildren of U.S. citizens to stay in the U.S. legally while they work through their immigration process. By staying together, families can avoid long separations and stressful uncertainties.

Conclusion: Is Parole in Place Right for You?

If you or a family member meets the eligibility requirements, Parole in Place can be a lifeline. It helps keep families united and gives you the chance to remain in the U.S. while working on your immigration status. The process may seem detailed, but with the right documents and careful attention to the rules, PIP offers a crucial opportunity.

 

If you think you’re eligible, don’t wait. Get your documents ready, complete your application, and take that all-important step toward securing your future in the U.S.!

FAQs

  1. Who qualifies for Parole in Place?

    Parole in Place is available to noncitizen spouses and stepchildren of U.S. citizens who meet the specific eligibility criteria, including being continuously present in the U.S. since the required dates.

  2. What documents are needed to apply for PIP?

    Applicants must provide proof of identity (like a passport or national ID), proof of their relationship (like a marriage certificate or birth certificate), and proof of continuous presence (like rental agreements or utility bills).

  3. Can I work while on Parole in Place?

    Yes! Once PIP is granted, applicants can apply for employment authorization, allowing them to legally work and adjust status in the U.S.

  4. What’s the filing fee for Parole in Place?

    The filing fee for Form I-131F is $580.

  5.  I have a pending criminal charge, am I still eligible for PIP?

    If you are tagged as a threat to border security and public safety, it might be best for you to ask for help from a well-experienced immigration lawyer to assist you throughout the legal status process under the Keeping Families Together initiative.
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