How Parole in Place Is Keeping Families Together—And How It Can Help Yours

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Shawn Sedaghat, Esq.

The Shawn S. Sedaghat Law Firm

What is Parole in Place (PIP)?

Parole in Place, or PIP, is a special program that allows certain undocumented family members of U.S. citizens to stay in the United States. It’s like getting temporary permission to remain here while you sort out your immigration status. This program is designed to keep families together, especially those with noncitizen spouses and stepchildren of U.S. citizens. The main idea is that families shouldn’t be separated just because one or more family members don’t have the right paperwork yet.

PIP is granted on a case-by-case basis by the U.S. Citizenship and Immigration Services (USCIS). If you’re eligible, PIP protects you from deportation and may even help you apply for a green card to become a lawful permanent resident.

Who Can Apply for Parole in Place?

To apply for PIP, you must meet certain eligibility criteria. The program is available to certain noncitizen spouses and noncitizen stepchildren of U.S. citizens. Here are the key requirements:

  1. Legally Valid Marriage: You must prove that your marriage to a U.S. citizen is legal. If you’re applying as a stepchild, you must show that your parent’s marriage to the U.S. citizen was legal before your 18th birthday. A marriage certificate is required as proof.
  2. Continuous Physical Presence: You need to show that you have been physically present in the United States without leaving. This is important because leaving the U.S. could hurt your chances of staying under PIP.
  3. No Criminal History: USCIS will check your background to make sure you don’t pose a threat to public safety or national security. If you have a criminal record, it might be difficult to get approved, but each case is different.
  4. Noncitizen Spouses and Stepchildren: The program applies to noncitizen spouses of U.S. citizens and their stepchildren of U.S. citizens. Stepchildren must have been under 21 and unmarried when their parents got married.

How Does Parole in Place Work?

Once you apply for PIP, you submit an application called Form I-131F along with supporting documents like birth certificates, marriage certificates, and proof of your physical presence in the U.S. You’ll also need to create a USCIS online account to track your application.

If your PIP application is approved, you can stay in the U.S. and even apply for a work permit. This is a big deal because it allows you to work legally and support your family while you’re working on your path to becoming a lawful permanent resident.

Why Is Parole in Place Important for Keeping Families Together?

Parole in Place and family unity are two concepts that complement one another. One of the best parts of PIP is that it’s designed to promote family unity. In the past, if a noncitizen spouse or stepchild needed to fix their immigration status, they had to leave the U.S. and apply from their home country. But that meant they could be separated from their family for months or even years. With PIP, they don’t have to leave, and they can stay with their loved ones while they sort out their immigration status.

This program also helps families avoid the strict penalties for unlawful presence, like bans on reentering the U.S. for 3 to 10 years. By allowing families to stay together, PIP plays a huge role in keeping families connected and preventing the emotional stress and financial hardship that separation can cause.

non citizen children

How Does PIP Help Noncitizen Children?

PIP isn’t just for spouses. It also helps noncitizen children of U.S. citizens. These children can apply for PIP if they are stepchildren of U.S. citizens. The goal here is to ensure that entire families can stay together, without the fear of deportation hanging over their heads. Whether you’re a noncitizen spouse or a stepchild of a U.S. citizen, PIP can be a lifeline.

Benefits of Parole in Place

PIP comes with several key benefits for families:

  1. Protection from Deportation: Once you’re approved, you don’t have to worry about being deported while you work on getting your green card.
  2. Work Authorization: You can apply for a work permit, which means you can get a job and support your family.
  3. Path to Lawful Permanent Residence: PIP gives you a path to applying for a green card, which can eventually lead to lawful permanent residence.

What Are the Requirements for Noncitizen Spouses?

As a noncitizen spouse applying for PIP, here’s what you need to know:

  • You must be physically present in the U.S. and provide proof that you’ve lived here continuously.
  • You’ll need to show proof of a legally valid marriage to a U.S. citizen. A marriage certificate is essential.
  • You must not have any criminal convictions that could make you a threat to public safety or national security. If you have been proven to be a threat to public safety, it might be best to contact an experienced immigration lawyer to help you.
  • You must meet all other eligibility criteria set by USCIS.

Filing Form I-131F

Filing Form I-131F is the first step in applying for Parole in Place. Here’s what you’ll need to include in your application:

  1. Proof of Relationship: This includes your marriage certificate if you’re a spouse or your birth certificate if you’re a stepchild.
  2. Proof of Physical Presence: Gather documents that show you’ve been living in the U.S. for the required amount of time. This could be utility bills, school records, or even medical records.
  3. USCIS Online Account: Once you’ve collected all your documents, you’ll need to submit them through your USCIS online account.

The Role of Public Safety in PIP Approval

USCIS takes public safety seriously. If there’s any concern that you might be a threat to the safety of the community, your PIP application could be denied. That’s why it’s important to make sure your background checks are clear, and if you have any concerns about your history, it’s a good idea to talk to an immigration attorney.

How Does PIP and Keeping Families Together Fit into Immigration Law?

PIP is a part of U.S. immigration law that helps noncitizen spouses and noncitizen children avoid separation from their U.S. citizen families. The Biden administration introduced PIP as part of the Keeping Families Together initiative, which emphasizes the importance of family unity in the immigration process. By using PIP, families can stay together while working toward permanent residency.

what happens after parole in place approval

What Happens After You Get Parole in Place?

Once you get approved for PIP through Form I 131F, it’s time to focus on your next steps. Here’s what happens:

  • Work Permit: You can apply for a work permit, which gives you the ability to legally work in the U.S. This is a huge step for families who have struggled with job security.
  • Path to Permanent Residency: PIP opens the door to applying for a green card, meaning you can become a lawful permanent resident without leaving the U.S.

It’s important to follow all the rules and regulations while you’re under PIP, as violating them could jeopardize your status.

How Does PIP Promote Family Unity?

The main goal of PIP is to promote family unity. By allowing families to stay together, it reduces the emotional and financial burdens caused by separation. This program not only keeps families together but also strengthens the fabric of communities by giving noncitizen spouses and noncitizen children a way to stay legally in the U.S. while working toward a better future.

FAQs

  1. What is Parole in Place (PIP)?

    PIP is a program that allows noncitizen spouses and stepchildren of U.S. citizens to stay in the U.S. while they sort out their immigration status, preventing deportation and allowing them to apply for work permits.

  2. Who is eligible for PIP?

    You may be eligible if you’re a noncitizen spouse or stepchild of a U.S. citizen and meet specific requirements, such as having a legally valid marriage and being physically present in the U.S.

  3. What documents are needed for PIP?

    You’ll need to submit a marriage certificate, birth certificates, proof of physical presence, and other supporting documents to apply for PIP.

  4. Can I work if I get PIP?

    Yes! After getting approved for PIP, you can apply for a work permit, allowing you to work legally in the U.S.

  5. What happens if my PIP application is denied?

    If your application is denied, it’s important to consult with an immigration attorney to explore your options, which may include appealing the decision.

  6. How long does the PIP process take?

    Processing times vary, but it generally takes several months. You can check the status of your application through your USCIS online account.

  7. Does PIP lead to a green card?

    PIP itself doesn’t grant a green card, but it opens the door for you to apply for one without leaving the U.S.

  8. Is PIP only for military families?

    Originally, PIP was created for military families, but it has been expanded to include noncitizen spouses and stepchildren of U.S. citizens.

  9. Can I travel outside the U.S. with PIP?

    Generally, leaving the U.S. while on PIP could terminate your parole, so it’s best to stay in the country until your status is fully resolved.

  10. What’s the best way to ensure my PIP application is approved?

    Working with an experienced immigration attorney can help you navigate the process and ensure your application is complete and accurate.
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