Parole in Place Eligibility for Stepchildren: Is Your Stepchild Eligible? Find Out Now!
Shawn Sedaghat, Esq.
If you’re a U.S. citizen with a noncitizen stepchild, you might be wondering how to keep your family together, especially when it comes to your stepchild’s immigration status.
That’s where Parole in Place (PIP) can help. PIP is a program under the Nationality Act designed to give temporary legal status to undocumented spouses and stepchildren of U.S. citizens, helping them stay in the U.S. even if they don’t have proper immigration papers. Let’s dive into how you can find out if your stepchild qualifies for PIP and what the application process looks like.
What Is Parole in Place for Stepchildren?
Parole in Place (PIP) allows undocumented spouses and stepchildren of U.S. citizens to remain in the U.S. legally, even if they came here without the right documents.
This status protects them from deportation while giving your family time to work on their immigration situation. However, it’s important to know that PIP doesn’t automatically lead to a green card, but it can give your stepchild a chance to apply for more permanent options later. If you need professional help for Form I 131F, it would be best for you to reach out to an attorney with a plausible experience in practicing immigration law.
Who Can Apply for Parole in Place?
To be eligible for Parole in Place Program, your stepchild must meet a few requirements:
- Under 21 and Unmarried: Your stepchild must have been under 21 years old and unmarried as of June 17, 2024.
- Lived in the U.S. Since 2014: Your stepchild must have continuous physical presence in the U.S. without leaving since at least June 17, 2014.
- You Must Be Legally Married: You, the U.S. citizen, must have had a legally valid marriage with your stepchild’s noncitizen parent before your stepchild’s 18th birthday. This will be an important factor for the qualifying stepchild relationship.
- Clean Criminal Record: Your stepchild must not have any serious criminal offenses or be considered a threat to national security or public safety. If they have pending criminal cases, it would be best to call for assistance from an experienced immigration lawyer to represent them on an immigration court.
- Background Checks: Your stepchild will need to complete fingerprinting and background checks for public safety and national security reasons.
What Documents Are Needed?
To apply for Parole in Place, you’ll need to gather certain documents to show that your stepchild meets the program requirements. Here’s a list of what you’ll need:
- Proof of Identity: A passport, birth certificate, or other government-issued ID that shows your stepchild’s identity.
- Proof of Continuous Presence: Documents like school records, medical bills, or utility bills to show that your stepchild has been in the U.S. continuously since June 17, 2014.
- Marriage Certificate: Proof of your marriage to your noncitizen spouse.
- Proof of U.S. Citizenship: Documents like your U.S. birth certificate, passport, or Certificate of Naturalization to prove you are a U.S. citizen.
How to Apply for Parole in Place
Ready to apply? Here’s a simple step-by-step guide to help you file for Parole in Place for your stepchild:
1. Create or Log into MyUSCIS Account
You need to file the application online using the USCIS online account. If your stepchild doesn’t have an online account, you’ll need to create one for them. Even if you have an account for yourself or your spouse, your stepchild needs their own account.
2. Fill Out Form I-131F
Once logged in, you’ll fill out Form I-131F, or the Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, which is the application form for Parole in Place. If you have more than one stepchild, you’ll need to submit a separate form for each child.
3. Pay the Filing Fee
There is a $580 filing fee for each application. Unfortunately, there’s no fee waiver for this, so you’ll need to pay the full amount.
4. Submit Required Documents
Upload all the necessary documents (listed above) to prove your stepchild is eligible for PIP. Double-check everything to avoid delays.
5. Attend the Biometrics Appointment
USCIS will schedule a biometrics appointment for your stepchild. This is when your stepchild will have their fingerprints and photos taken to run background checks.
6. Wait for the Decision
After your stepchild’s biometrics appointment, USCIS will review the application. If everything checks out, your stepchild will be granted Parole in Place for up to three years.
What Happens After Parole in Place Is Approved?
Once your stepchild is approved for Parole in Place, they can legally stay in the U.S. for up to three years. During this time, they will be protected from deportation, but keep in mind that this is not a green card or a path to permanent residency. However, Parole in Place gives your family some breathing room to figure out the next steps.
Here are some things you can do after the approval:
- Apply for a Work Permit: Your stepchild can apply for an Employment Authorization Document (EAD) using Form I-765. This will allow them to work legally in the U.S.
- Apply for a Social Security Number: If your stepchild doesn’t have a Social Security number, they can request one when applying for the work permit.
- Work Toward a Green Card: While Parole in Place doesn’t directly give your stepchild a green card, it can make it easier for them to apply for lawful permanent residence later by adjusting their status.
Why Parole in Place Is Important for Families
The main purpose of Parole in Place is to keep families together. The U.S. government recognizes that separating families, especially spouses and stepchildren of U.S. citizens, can be incredibly stressful. That’s why Parole in Place is so valuable—it allows your family to stay together without the constant fear of deportation.
By providing temporary legal status, Parole in Place gives your family time to figure out long-term solutions, like applying for permanent residency or a green card.
Common Challenges (And How to Overcome Them)
Applying for Parole in Place can come with a few bumps in the road, but most challenges can be solved with the right preparation.
1. Missing Documents
It’s important to have all the required documents when applying. If you’re missing something, it could delay the process. Make sure to double-check the list and gather everything in advance. If you’re unsure about what’s needed, it’s a good idea to get advice from an immigration attorney or call immigration services.
2. Criminal History
If your stepchild has any criminal record, it’s best to speak with an immigration attorney before applying. Some crimes might make them ineligible, and an attorney can help figure out the next steps.
3. Long Wait Times
Immigration applications can take time to process. Be patient and keep track of your application through your USCIS online account. If there’s a significant delay, contact Citizenship and Immigration Services to ask for an update.
How Long Does Parole in Place Last?
Once your stepchild’s Parole in Place is approved, it usually lasts for up to three years. During that time, they’ll be protected from deportation. However, you’ll need to start thinking about the next steps to take after those three years are up, like applying for a green card.
Frequently Asked Questions (FAQs)
1. What is Parole in Place for Stepchildren?
Parole in Place is a special program that allows stepchildren of U.S. citizens to stay in the U.S. legally for a temporary period while their immigration status is sorted out.
2. Who can apply for Parole in Place?
Your stepchild can apply if they’ve lived in the U.S. continuously since June 17, 2014, are unmarried, and have no serious criminal offenses. You, the U.S. citizen, must also be legally married to your noncitizen spouse.
3. What documents do I need to apply for Parole in Place?
You’ll need documents such as your stepchild’s birth certificates, your marriage certificate, proof of your U.S. citizenship, and proof that your stepchild has been in the U.S. continuously since at least June 17, 2014.
4. How much does it cost to file for Parole in Place?
The application fee is $580, and there are no fee waivers available for this program.
5. Can I apply for more than one stepchild?
Yes, but each stepchild requires their own Form I-131F. If you have multiple stepchildren, you need to submit a separate application for each one.
6. Does Parole in Place lead to a green card?
Not directly. Parole in Place gives your stepchild temporary legal status, but you’ll need to take additional steps, such as filing for a green card through the adjustment of status process offered by the United States immigration system. It will also open opportunities for your stepchild to acquire social security benefits.
7. What happens after Parole in Place is granted?
Once approved, your stepchild can stay in the U.S. for up to three years. During this time, they can apply for a work permit and might be eligible for a Social Security number.
8. Can my stepchild work if they have Parole in Place?
Yes, once your stepchild receives Parole in Place, they can apply for a work permit by filing Form I-765.
9. What if my stepchild has a criminal record?
If your stepchild has any criminal history, it’s important to speak with an immigration attorney before applying for Parole in Place. Certain convictions may disqualify them.
10. How can I track my stepchild’s application?
You can easily track the status of your stepchild’s application through their myUSCIS online account.
Conclusion
Parole in Place can be a huge relief for families trying to stay together in the U.S. If your stepchild qualifies, it can give them the time and legal status they need to sort out their immigration options. While it doesn’t directly lead to a green card, it’s a crucial first step in keeping your family together. So, if your stepchild is eligible, gather your documents, create a USCIS online account, and start the process today!