How Does Parole in Place Work to Keep Your Family Together—Here’s How!
Shawn Sedaghat, Esq.
The U.S. government has recently rolled out a program that could be a game-changer for many families. It’s called Parole in Place (PIP), and it’s designed to help certain undocumented spouses and stepchildren of U.S. citizens stay in the country legally.
If you or someone you know might be eligible, this could be the answer to keeping your family together. Furthermore, requesting assistance from an experienced immigration attorney might help you find it easier to go through the process!
Let’s break down how it works, in simple terms.
What is Parole in Place (PIP)?
Think of Parole in Place (PIP) as a special permission slip that allows certain undocumented family members to stay in the U.S., even if they arrived without the usual paperwork. It’s like a temporary shield against deportation worries, particularly for military families and service members.
The government grants this permission on a case-by-case basis, usually for strong family reasons or when it benefits the community as a whole. Under Section 212(d)(5)(A) of the Immigration and Nationality Act (INA), the Secretary of Homeland Security can exercise discretion in granting temporary parole for individuals who may benefit from it for urgent humanitarian reasons or significant public benefit.
The U.S. Citizenship and Immigration Services (USCIS) has the authority to grant Parole in Place for urgent humanitarian reasons or significant public benefit. The idea is to provide a solution for those who might face hardship or separation from their U.S. citizen family members if they were to leave the country.
How Does Parole in Place Work?
The exciting news is that now, undocumented spouses and stepchildren of U.S. citizens, who are immediate family members of active duty or retired service members, can apply for PIP.
This means that if you’re married to a U.S. citizen, or if your parent is married to a U.S. citizen, you might be able to stay in the U.S. without the fear of being separated from your loved ones. The process involves submitting an application, providing supporting documents, and undergoing background checks.
If approved, you’ll be granted parole, which allows you to stay and even work in the U.S. legally. It’s like getting a temporary “stay of deportation” and a work permit all in one!
Additionally, being granted parole through PIP can provide a pathway for undocumented immigrants to adjust status to permanent residency, bypassing the usual reentry barriers.
Why is this such a big deal?
Imagine you’re married to a U.S. citizen, but you don’t have legal status yourself. In the past, if you wanted to get a green card (which grants you permanent residency), you’d have to leave the U.S. and go to a U.S. embassy or consulate in another country.
But sometimes, leaving the U.S. could mean you wouldn’t be allowed back in for a long time, even though you’re married to a citizen! This is because of some old rules that can be pretty harsh. The 1996 law imposes a 3 to 10-year ban on re-entry for individuals who have been unlawfully present in the U.S. for over a year.
This means that if an undocumented individual leaves the U.S. to attend a visa interview at a U.S. consulate, they may be barred from returning for several years, separating them from their U.S. citizen spouse and any U.S. citizen children.
Parole in Place changes that. If you’re granted PIP, you can stay in the U.S. and apply for your green card right here, without the risk of being separated from your family for years. It essentially bridges the gap for those who are eligible for permanent residency but face obstacles due to their unlawful entry into the U.S.
PIP has primarily been granted to the undocumented family members of U.S. military members, helping to prevent family separation and allowing these individuals to remain in the U.S. and pursue lawful permanent residency. It’s like a safety net that keeps families together while they pursue their American dream.
Who Can Apply? Military Service Members
There are a few specific rules about who can apply for PIP under this new program:
- You must be the spouse or stepchild of a U.S. citizen. This is the most important requirement.
- Spouses must have lived in the U.S. continuously since at least June 17, 2014. This means no significant trips outside the country since that date.
- Stepchildren must have been under 21 and unmarried on June 17, 2024, and have lived in the U.S. continuously since that date.
- You must have entered the U.S. without inspection or parole. This program is for people who didn’t come in through the usual legal channels.
- You can’t have any serious criminal convictions or pose a threat to national security.
How Do You Apply?
You’ll need to fill out a special form called Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. You’ll also need to gather some supporting documents to prove you meet all the requirements. These documents might include:
- Your marriage certificate (if you’re a spouse) or your birth certificate (if you’re a stepchild).
- Proof that you’ve been living in the U.S. since the required date. This could include rent receipts, utility bills, or school records.
- Evidence of the termination of any previous marriages, if applicable.
Remember, it’s crucial to provide all the necessary documentation and ensure its accuracy. Any missing or incorrect information could lead to delays or even denial of your application. Think of it like baking a cake – you need all the right ingredients in the right amounts for it to turn out perfectly!
What Happens After You Apply?
Once you submit your application, U.S. Citizenship and Immigration Services (USCIS) will review it. They’ll conduct background checks and might ask you for additional information.
This is where they make sure you meet all the requirements and don’t pose any security risks. If everything looks good, they’ll grant you Parole in Place.
It’s important to be patient during this process, as it can take some time. Just like waiting for your favorite food to be cooked, the anticipation can be tough, but the end result is worth it!
What Does Parole in Place Give You? Employment Authorization
If you’re granted parole, you get a few crucial benefits:
- Protection from deportation. You won’t have to worry about being sent back to your home country while your green card application is being processed. This provides much-needed peace of mind and stability for you and your family.
- Work authorization. You can apply for a work permit, which allows you to work legally in the U.S. This opens up opportunities for you to support yourself and your family and contribute to the American economy.
- The ability to adjust your status to a permanent resident. Once you have PIP, you can apply for a green card without leaving the U.S. This is a major advantage, as it eliminates the risk of being separated from your loved ones for an extended period. It’s like finally getting the keys to your own home!
Important Things to Remember
- Parole in Place doesn’t automatically lead to a green card. It gives you the opportunity to apply for one, but you still have to go through that process. It’s essential to understand that PIP is a stepping stone towards permanent residency, not a guarantee.
- Parole in Place can be terminated. If you leave the U.S. without permission or engage in certain activities, your parole could be revoked. It’s crucial to abide by the terms and conditions of your parole to maintain your status. Think of it like a library book – you can borrow it, but you need to take good care of it and return it on time.
- Each eligible family member needs to file their own application. Even if you’re applying as a family unit, each individual must submit a separate application.
Benefits of Parole in Place for Family Members
Parole in Place offers several significant benefits to eligible individuals:
- Family Unity: PIP allows families to stay together in the U.S. while pursuing a path to permanent residency, preventing the heartbreak and disruption of separation. This is particularly important for families with U.S. citizen children, as deportation could lead to devastating consequences for their well-being and development.
- Work Authorization: With a work permit, individuals can contribute to the U.S. economy, support their families, and build a stable life. This allows them to become self-sufficient and reduces their reliance on public assistance. It’s like getting a toolbox to build a better future for yourself and your loved ones.
- Path to Permanent Residency: PIP opens the door to applying for a green card within the U.S., eliminating the need to leave the country and risk being barred from returning. This streamlines the process and increases the chances of obtaining permanent legal status. It’s like taking a shortcut on a long journey!
- Peace of Mind: PIP provides a sense of security and stability, allowing individuals to live without the constant fear of deportation. This can have a positive impact on their mental and emotional well-being, enabling them to focus on their families, work, and future. It’s like lifting a heavy weight off your shoulders.
Additional Considerations
- Eligibility Requirements: It’s crucial to carefully review the eligibility criteria to ensure you qualify for PIP. Consulting with an immigration attorney can be helpful in assessing your eligibility and navigating the application process. They can provide personalized guidance and ensure that your application is complete and accurate. It’s like having a map and a compass when exploring new territory.
- Application Process: The application process involves gathering various supporting documents and completing Form I-131F. It’s essential to be thorough and accurate in your application to avoid delays or denials. Attention to detail is key, as any errors or omissions could jeopardize your chances of success. Think of it like building a puzzle – every piece matters!
- Processing Time: The processing time for PIP applications can take several months, so it’s best to apply as soon as possible if you’re eligible. The good news is that you can stay in the U.S. while you wait for a decision, and you might even be able to get a work permit during that time.
The Keeping Families Together Initiative
The recent announcement of the Keeping Families Together initiative by the Department of Homeland Security (DHS) on June 18, 2024, has brought a wave of relief to many families.
This initiative expands access to parole in place for certain undocumented spouses and stepchildren of U.S. citizens, allowing them to request parole in place under existing statutory authority.
The program officially launched on August 19, 2024, and aims to provide a pathway for these individuals to adjust their status to lawful permanent residents without having to leave the United States.
Parole in Place: A Bridge to Permanent Residency
Parole in place serves as a bridge for eligible individuals to transition from an undocumented status to permanent residency.
It’s a discretionary decision by DHS, granted on a case-by-case basis for urgent humanitarian reasons or significant public benefit.
By granting parole, DHS allows these individuals to remain in the U.S. temporarily and, if they meet other requirements, apply for a green card without having to leave the country.
In Conclusion
Parole in Place is a beacon of hope for many undocumented individuals who are married to or are the stepchildren of U.S. citizens.
It offers a chance to stay united with their families, pursue their dreams, and contribute to the fabric of American society. While it’s not a direct path to citizenship, it’s a crucial step towards achieving permanent legal status and building a brighter future.
If you or someone you know might be eligible for Parole in Place, don’t hesitate to explore this opportunity. Remember, knowledge is power, and understanding your options is the first step towards achieving your immigration goals.
If you need help exploring your options, do not hesitate to ask for help from an experienced immigration attorney.
FAQs
What exactly is Parole in Place (PIP)?
PIP is like a special permission slip from the U.S. government that allows certain undocumented family members of U.S. citizens to stay in the country temporarily. It’s a way to protect them from deportation and potentially allows them to apply for a green card (permanent residency) without having to leave the U.S.
Who is eligible for PIP under this new program?
You might be eligible if you’re the spouse or stepchild of a U.S. citizen and meet certain conditions. Spouses need to have lived in the U.S. continuously since at least June 17, 2014. Stepchildren need to have been under 21 and unmarried on June 17, 2024, and have lived in the U.S. continuously since that date. You also need to have entered the U.S. without inspection or parole and have a clean criminal record.
How do I apply for PIP?
You’ll need to fill out Form I-131F, which is the Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. You’ll also need to gather supporting documents like your marriage or birth certificate, proof of U.S. residence, and evidence of any previous marriages ending.
What happens after I apply?
The U.S. Citizenship and Immigration Services (USCIS) will review your application, conduct background checks, and may ask for more information. If everything is in order, they’ll grant you Parole in Place.
What benefits does PIP provide?
PIP offers protection from deportation, allows you to apply for work authorization, and most importantly, makes you eligible to apply for a green card within the U.S. without having to leave.
Is PIP a guarantee of a green card?
No, PIP itself doesn’t automatically grant you a green card. It opens the door for you to apply for one, but you still need to go through that separate application process.
Can I travel outside the U.S. if I have PIP?
Generally, no. Leaving the U.S. while on PIP could terminate your parole status, making it difficult to return.
What if my PIP application is denied?
If your application is denied, you won’t be immediately deported based on that alone. However, it’s crucial to consult with an immigration attorney to understand your options and any potential risks.
How long does the PIP process take?
Processing times can vary, but it’s best to be prepared for it to take several months. You can stay in the U.S. while your application is being processed.
Where can I get more information?
You can find more details on the USCIS website or by consulting with an experienced immigration attorney. They can guide you through the process and answer any specific questions you may have.