Parole in Place for Noncitizen Spouses: The Ultimate Guide!
Shawn Sedaghat, Esq.
Are you a noncitizen spouse of a U.S. citizen and worried about your immigration status?
You’re not alone, and there’s some great news that could help you out: Parole in Place (PIP).
This program exists to keep families together, offering you temporary relief from the fear of deportation and a path to potentially adjusting your status in the future.
Let’s break down everything you need to know, step by step, in the most straightforward and easy-to-follow way.
What Is Parole in Place for Noncitizen Spouses?
Parole in Place (PIP) is a program designed specifically for noncitizen spouses and stepchildren of U.S. citizens. If you’ve been in the U.S. without legal entry, meaning you didn’t go through the formal immigration process, you might feel like you’re always at risk of deportation.
That’s where PIP comes in. It grants you temporary legal permission to stay in the U.S. even though you didn’t enter the country legally.
The Keeping Families Together initiative of the Biden Administration created this new form of Parole in Place (PIP) in the immigration system. Keeping Families Together recognizes that separating families is not in anyone’s best interest, and it gives certain noncitizen spouses a chance to remain in the U.S. with their families while they explore other immigration options, like applying for a green card.
It’s important to note that being eligible for the PIP under Keeping Families Together doesn’t automatically lead to lawful permanent residence or a green card, but it’s a crucial step in the right direction.
Who Can Apply for Parole in Place?
The PIP, through Keeping Families Together, is specifically for certain noncitizen spouses and stepchildren of U.S. citizens who meet certain requirements. If you’re a noncitizen spouse, you may qualify for this program if:
- You’re currently living in the U.S. without being formally admitted or paroled.
- You’ve been physically present in the U.S. since at least June 17, 2014 (this means no major trips out of the country).
- You have a legally valid marriage to a U.S. citizen, and your marriage is legally valid.
- You have no criminal history that disqualifies you from being eligible.
- You’re not considered a threat to national security or public safety.
If all these apply to you, you may be able to apply for Parole in Place and receive temporary legal permission to stay in the U.S.
How Does Parole in Place Work?
Once you apply and are approved for PIP under the Keeping Families Together initiative — through submitting the Form I 131F, you will receive a temporary legal status that’s valid for up to three years. During this time, you won’t have to worry about being deported, and you can even apply for a work permit to legally work in the U.S. This allows you to continue contributing to your family’s financial stability while exploring other immigration options.
It’s important to note that the PIP application process through the Form I 131F is not a direct path to a green card or permanent residency. However, this application process allows you to remain in the U.S. while your immigration situation is sorted out.
If you are in a legally valid marriage to a U.S. citizen, you may eventually be able to apply for a green card through other legal processes, like adjusting your status under Form I-485.
Step-by-Step Guide to Applying for Parole in Place (Form I 131F) for Noncitizen Spouses of U.S. Citizens
Here’s a simple breakdown of how to apply for PIP:
- Prepare Your Documents: You’ll need to gather several important documents to prove your eligibility. These include proof of your marriage (such as your marriage certificate), proof of your spouse’s U.S. citizenship (like a birth certificate or U.S. passport), and proof that you’ve been continuously present in the U.S. for the required time. Other documents that can help include utility bills, rental agreements, tax returns, and medical records.
- Fill Out Form I-131F: This is the official form you’ll need to submit to apply for PIP. You’ll need to complete it online through the USCIS website with your own USCIS online account, and each person applying (whether it’s you or your stepchildren) needs to file their own form.
- Pay the Filing Fee: There is a $580 filing fee for submitting Form I-131F. It’s important to pay this fee at the time you submit your application. There are no fee waivers available for this process, so make sure you’re prepared to cover this cost.
- Submit Your Application: Once your form and documents are ready, you’ll submit everything online through your USCIS online account. If you do not have a USCIS online account yet, you should create one first before going through this process. The Immigration Services will review your application, and you’ll be able to track its progress online.
- Attend Your Biometrics Appointment: After submitting your application, you’ll likely be scheduled for a biometrics appointment. This is where USCIS will take your fingerprints and other information to run background checks. It’s an important step in the process, so don’t miss it!
- Wait for a Decision: After USCIS reviews your application and completes all necessary background checks, they will make a decision. If approved, you’ll receive a Notice of Approval and will be granted PIP for up to three years.
What Happens After You’re Approved?
Once you’ve been granted PIP under the Keeping Families Together initiative, you’ll receive temporary legal status, which means you won’t have to worry about being deported for up to three years. During this time, you can apply for a work permit by submitting Form I-765. This work permit will allow you to legally work in the U.S., giving you the chance to support your family financially.
If you don’t have a Social Security number (SSN), you can also apply for one at this time. When you file for your work permit, there’s an option to request an SSN, and once your permit is approved, the Social Security Administration will issue your SSN and mail it to you.
Can You Apply for a Green Card After PIP?
PIP doesn’t automatically grant you permanent residency, but it can help you on the path to a green card. If you’re married to a U.S. citizen, your spouse can file Form I-130, Petition for Alien Relative, on your behalf. Once that petition is approved, you can then file Form I-485, Application to Register Permanent Residence or Adjust Status as you continue your journey to become a lawful permanent resident.
It’s important to note that you need to have a valid, bona fide marriage to qualify for this. USCIS will review your marriage to ensure it’s legitimate and not just for immigration purposes.
Things to Watch Out For
While PIP is an excellent option for noncitizen spouses of U.S. citizens, there are a few important things to keep in mind:
- Do Not Leave the U.S.: If you leave the U.S. after being granted PIP, your status will be terminated. That means you could lose your temporary legal permission and may not be able to return. Travel outside the U.S. without proper documentation is risky, so avoid it if possible.
- Keep Up with Your Documentation: Always keep copies of important documents like your approval notice, work permit, and Social Security card in a safe place. You’ll need these documents for things like getting a driver’s license or opening a bank account.
- Maintain Your Status: PIP is only valid for up to three years, and it can be terminated if you violate certain conditions. Be sure to stay compliant with U.S. immigration laws and work towards adjusting your status if possible.
FAQs about Parole in Place for Noncitizen Spouses
What is Parole in Place (PIP)?
- PIP is a program that grants temporary legal status to noncitizen spouses and stepchildren of U.S. citizens, allowing them to stay in the U.S. without fear of deportation. It costs $ 580, and waivers for filing fees do not apply.
Who is eligible for Parole in Place?
- To qualify for PIP, you must be the noncitizen spouse or stepchild of a U.S. citizen, have been continuously physically present in the U.S. for at least 10 years, and meet other eligibility criteria, such as the need to undergo required background checks to prove that you are not a threat to public safety and national security. If you are proven to be a threat to public safety and national security, then you might need to contact an experienced immigration law expert or attorney.
Does PIP give me a green card?
- No, PIP does not automatically grant you a green card, but it can help you stay in the U.S. while you work on adjusting your status.
Can I work legally with PIP?
- Yes, after you’ve been granted PIP, you can apply for a work permit (Employment Authorization Document) by submitting Form I-765.
How long does PIP last?
- PIP is valid for up to three years, but it can be terminated if you leave the U.S. or violate other conditions.
What happens if my PIP is denied?
- If your application for PIP is denied, it doesn’t necessarily mean you’ll be deported, but it’s important to speak with an immigration attorney to understand your next steps.
Can I travel outside the U.S. with PIP?
- No, traveling outside the U.S. while on PIP is not recommended. If you leave, your PIP status will be terminated.
I am a noncitizen parent. Can my child who is the stepchild of my US citizen spouse also apply for PIP?
- Yes, absolutely. If you are a noncitizen parent and would like to apply for a PIP for your child, your US citizen spouse is required to file another Form I 131 F.
What documents do I need to apply for PIP?
- You’ll need to provide proof of your marriage to a U.S. citizen, proof of your spouse’s citizenship, and evidence of continuous presence in the U.S.
Can I apply for PIP if I have a criminal record?
- Having a criminal record may make you ineligible for PIP. It’s important to consult with an immigration attorney to understand your options.
Conclusion: Taking the Next Step
Parole in Place can be a lifeline for a noncitizen spouse and stepchild of a U.S. citizen who want to stay with their families in the U.S. If you think you might be eligible, take the time to gather your documents and apply. While PIP is a temporary solution, it opens the door to working legally in the U.S. and eventually adjusting your status to become a permanent resident. Don’t wait—talk to an immigration attorney and get started on your PIP application today!