PAROLE-IN-PLACE

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A Comprehensive Overview of Form I-131F

Parole in Place (PIP) is a significant immigration provision allowing certain noncitizen spouses and stepchildren of U.S. citizens to stay in the U.S. legally without the need to leave the country for consular processing. 

This process is managed through Form I-131F, enabling these individuals to apply for temporary parole, strictly through online means only.

What is Parole in Place (PIP)?

Parole in Place, under Section 212(d)(5)(A) of the Immigration and Nationality Act (INA), allows noncitizens who have not been formally admitted into the U.S. to remain temporarily for urgent humanitarian reasons or significant public benefit. 

 

This status is particularly important for noncitizen family members who may otherwise be subject to removal.

 

If granted parole, and if otherwise eligible, these individuals may apply for adjustment of status to become lawful permanent residents (LPRs) without needing to leave the U.S. DHS estimates that about 500,000 noncitizen spouses and 50,000 noncitizen stepchildren of U.S. citizens could benefit from this process.

Eligibility for Parole in Place

To qualify for PIP through Form I-131F or Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens , applicants must meet the following specific criteria:

  1. Noncitizen Spouses:
    • Must be physically present in the U.S. continuously since at least June 17, 2014, through the date of filing your request
    •  Must have a legally valid marriage to a U.S. citizen on or before June 17, 2024.
  2. Noncitizen Stepchildren:
    • Must have been under the age of 21 and unmarried on June 17, 2024.
    • Be present in the United States without admission or parole;
    • Must be physically present in the U.S. continuously since June 17, 2024, through the date of filing your request;
    • The noncitizen’s parent must have entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before the stepchild’s 18th birthday.
  3. General Requirements:
    • Applicants must not have a disqualifying criminal history and must not pose a threat to national security or public safety.
    • Must provide biometrics for background checks.

Documentation Required

When applying for PIP, specific documentation must be submitted:

  • Proof of Identity:
    • Valid government-issued ID, passport identity page, or any national identity document from the country of origin.
  • Proof of Relationship:
    • Marriage certificate (for spouses).
    • Birth certificate with the noncitizen parent’s name (for stepchildren).
    • Evidence of termination of previous marriages, if applicable.
  • Proof of Continuous Physical Presence:
    • Immigration documents, rent receipts, utility bills, tax returns, school records, or any other documents proving continuous physical presence in the U.S. since the relevant dates.

Application Process

  • Form Submission: Form I-131F must be completed and submitted online through the USCIS portal. Each family member must file a separate form. USCIS makes it clear that any application sent through mail or in any physical method will neither be processed nor receipted.
  • Biometrics: After filing, applicants will be required to attend a biometrics appointment to provide fingerprints, photographs, and a signature.

Benefits and Limitations of Parole in Place (PIP)

Benefits:

  1. Protection from Removal Proceedings:
    • Parole in Place provides noncitizens the ability to remain in the U.S. without fear of deportation while their application is processed. This protection is critical for families who might otherwise face separation.
  2. Eligibility to Apply for Adjustment of Status:
    • Once granted parole, noncitizen spouses and stepchildren may apply for adjustment of status to lawful permanent resident (green card) without needing to leave the U.S. for consular processing. This process simplifies and accelerates the path to lawful residency, allowing families to stay together during the application period.
  3. Ability to Apply for Employment Authorization:
    • Parolees can apply for an Employment Authorization Document (EAD) using Form I-765. This work permit allows noncitizens to legally work in the U.S. during their parole period, providing financial stability and the ability to support their families.

Limitations:

  1. Temporary Nature of Parole:
    • The Parole in Place (PIP) does not expire. However, it must be made clear that it is currently subject to legal challenge. As of this writing, 16 States have sought to challenge the Department of Homeland Security to stop the implementation of the PIP Program.
  2. Not a Direct Path to Citizenship:
    • While PIP offers protection and work authorization, it does not directly lead to U.S. citizenship. To obtain citizenship, noncitizens must first adjust their status to that of a lawful permanent resident and then meet the requirements for naturalization. This process involves additional steps, including filing Form I-485 for adjustment of status and potentially Form I-130 or I-360 to establish eligibility for a green card.
  3. Subject to Termination:
    • Parole can be terminated at any time by DHS, particularly if the parolee leaves the U.S. without proper authorization or engages in criminal activity. It’s crucial for parolees to understand that their status is conditional and subject to review, emphasizing the importance of maintaining lawful behavior and renewing their parole status as needed.

Conclusion

Understanding Form I-131F and the Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens is crucial for noncitizen spouses and stepchildren of U.S. citizens who seek to stay legally in the country. 

Accurate documentation and adherence to the eligibility criteria are essential for a successful application. For more information, the USCIS published a comprehensive guide on the filing of Form I-131F.

It would be best for you to ask the assistance of an immigration attorney to guide you through the process of obtaining PIP and filing a Form I-131F.

FAQs

1. What is Parole in Place (PIP)?

Parole in Place is a discretionary act by DHS that allows certain noncitizen spouses and stepchildren of U.S. citizens to remain legally in the U.S. temporarily, even if they entered without proper documentation. This process enables them to stay in the U.S. while they apply for legal status, avoiding deportation.

 

2. Who is eligible to apply for Parole in Place using Form I-131F?

Eligibility includes noncitizen spouses and stepchildren of U.S. citizens who meet specific criteria, such as continuous physical presence in the U.S. since designated dates (June 17, 2014, for spouses; June 17, 2024, for stepchildren), having no disqualifying criminal history, and proving their relationship to the U.S. citizen.

 

3. How do I apply for Parole in Place?

You must file Form I-131F online through the USCIS portal. The application requires submitting detailed information and supporting documentation, including proof of identity, relationship to a U.S. citizen, and continuous physical presence in the U.S.

 

4. What documents are required for Form I-131F?

Applicants need to submit identity documents (e.g., passport, government-issued ID), proof of relationship (e.g., marriage or birth certificates), and evidence of continuous physical presence (e.g., utility bills, tax returns, school records).

 

5. Can Parole in Place lead to permanent residency or citizenship?

Parole in Place can make you eligible to apply for adjustment of status to become a lawful permanent resident (green card holder), but it does not directly lead to citizenship. Additional steps, such as filing Form I-485 for adjustment of status, are required.

 

6. What are the limitations of Parole in Place?

PIP is temporary, typically granted for three years, and does not guarantee permanent residency or citizenship. Parole can also be terminated by DHS at any time, particularly if the parolee leaves the U.S. without authorization or engages in criminal activities.

 

7. Can I work while on Parole in Place?

Yes, individuals granted Parole in Place can apply for an Employment Authorization Document (EAD) using Form I-765, allowing them to work legally in the U.S. during the parole period.

 

8. How long does the Parole in Place last?

Parole in Place is usually granted for up to three years. However, it can be terminated earlier if the individual leaves the U.S. without proper authorization or if DHS determines that parole is no longer warranted.

 

9. Can I travel outside the U.S. while on Parole in Place?

No, leaving the U.S. will terminate your Parole in Place status. You would need to apply for advance parole if you intend to travel, but even then, re-entry into the U.S. is not guaranteed.

 

10. What happens if my Parole in Place application is denied?

If your application for Parole in Place is denied, you generally will not be subject to removal proceedings solely based on the denial. However, DHS reserves the right to take enforcement actions if you pose a threat to national security, public safety, or border security.

Step-by-Step Guide to Filing Form I-131F Online

The online filing of Form I-131, or Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizenship is a crucial step for noncitizen spouses and stepchildren of U.S. citizens who want to remain in the United States legally. 

This comprehensive guide walks you through each step of the process, ensuring that your application is accurate, complete, and optimized for approval.

1. Create or Access Your USCIS Online Account

Visit the USCIS Website

To begin, go to USCIS.gov, the official site for the U.S. Citizenship and Immigration Services. Here, you can log in to your existing my USCIS portal account.. If you’re new to the system, you’ll need to create an account to proceed with your Form I-131F application.

 

Setting Up a New Account

If you don’t already have a USCIS account, click on the “Create Account” button. 

You will be prompted to enter personal details such as your full name, email address, and set up security questions. 

After completing these steps, you’ll receive a confirmation email from USCIS. Click on the link in the email to verify your account, which will allow you to access all USCIS online services.

2. Start the Form I-131F Application

Navigating to the Form Section

Once logged into your USCIS account, you’ll find the option to “Start a Form” on your dashboard. This section lists all the available forms you can file online. Select Form I-131F: Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. Ensure you select the correct form, as filing the wrong form can delay your application process.

 

Review the Form Instructions

Before beginning to fill out Form I-131F, it’s vital to read the accompanying instructions thoroughly. These instructions provide detailed guidance on eligibility criteria, required documentation, and important legal considerations. Understanding these guidelines helps you avoid common errors that could lead to delays or rejection of your application.

 

Understanding the Purpose of Form I-131F

Form I-131F is specifically for noncitizen spouses and stepchildren of U.S. citizens seeking Parole in Place (PIP). PIP allows eligible noncitizens to remain in the U.S. legally while they apply for adjustment of status, rather than having to leave the country to re-enter legally.

3. Complete the Personal Information Section

Entering Your Full Legal Name

In this section, you’ll need to enter your full legal name exactly as it appears on official government documents. This includes your first name, middle name (if applicable), and last name. Be sure that this information matches the details on your identification documents to avoid discrepancies that could slow down the processing of your application.

 

Listing Other Names Used

If you’ve used other names in the past, such as a maiden name or any aliases, you must list them here. This ensures that all your records are linked and that there are no gaps or confusion in your identity verification process.

 

Providing Your Date of Birth

Next, enter your date of birth in the format specified by the form. Make sure this information is accurate and consistent with your other documentation, as any discrepancies could lead to issues with your application.

4. Provide Information on Your Spouse or Stepparent

Details of Your U.S. Citizen Spouse or Stepparent

You will need to provide the full name, date of birth, and citizenship status of your U.S. citizen spouse or stepparent. This information is crucial as it links your application to the qualifying U.S. citizen, making you eligible for Parole in Place.

 

Marriage Details (for Spouses)

If you are applying as a spouse, include details of your marriage, such as the date and location of the wedding. Ensure that your marriage was legally recognized as of June 17, 2024, to meet the eligibility criteria.

 

Parental Marriage Details (for Stepchildren)

If you are applying as a stepchild, you must provide details about your parent’s marriage to the U.S. citizen, including the date of the marriage and confirmation that it occurred before your 18th birthday. This ensures that your relationship meets the requirements set by USCIS.

5. Upload Required Documentation

Proof of Identity

You must upload a copy of an official photo identity document that clearly shows your name, photo, and date of birth. Acceptable documents include a valid government-issued driver’s license, a passport identity page, or a national identity card from your country of origin. Make sure the copy is clear and legible.

 

Proof of Relationship

To prove your relationship with the U.S. citizen, you need to submit documents such as a marriage certificate (for spouses) or a birth certificate listing your noncitizen parent’s name (for stepchildren). If either you or your U.S. citizen relative has been previously married, you’ll need to provide documentation showing the termination of those marriages.

 

Proof of Continuous Physical Presence

You must provide evidence that you have been continuously physically present in the U.S. since the required date (June 17, 2014, for spouses; June 17, 2024, for stepchildren). This can include rent receipts, utility bills, tax returns, school records, and other documents that clearly show your presence in the U.S. during this time.

6. Pay the Application Fee

Fee Payment Process

The fee for filing Form I-131F is $580, and it must be paid online through the USCIS portal. You can pay using a credit or debit card, or directly from your bank account via ACH. Ensure that you have sufficient funds and that your payment information is accurate to avoid delays in processing.

 

No Fee Waiver Available

It’s important to note that USCIS does not offer a fee waiver for Form I-131F. The $580 fee is mandatory and must be paid for each individual application submitted. If you are filing for multiple family members, ensure you budget accordingly.

7. Submit Your Application and Schedule Biometrics

Final Review and Submission

Before submitting your Form I-131F, review all the information and documents you’ve provided. Double-check for accuracy and completeness to avoid any issues that could delay your application. Once you’re confident that everything is in order, click “Submit” to officially file your application.

 

Biometrics Appointment

After submitting your application, you’ll receive a notice from USCIS to attend a biometrics appointment. This appointment is required for fingerprinting, photographing, and signing documents to verify your identity. It’s important to attend this appointment as scheduled, as missing it can delay your application process.

8. Track Your Application Status

Monitoring Your Case Online

Once your application is submitted, you can track its progress through your USCIS online account. USCIS will update the status of your application at each step, from receipt to final decision. Regularly checking your account helps you stay informed and ready to respond to any additional requests from USCIS.

 

Responding to Requests for Evidence (RFE)

If USCIS requires additional information or documentation, they will issue a Request for Evidence (RFE). It’s crucial to respond promptly and thoroughly to any RFEs to avoid delays or denials. The RFE will be posted to your USCIS online account, and you should upload the requested documents as soon as possible.

Conclusion

Filing Form I-131F online is a detailed process that requires careful attention to detail and thorough preparation. 

By following this step-by-step guide, noncitizen spouses and stepchildren of U.S. citizens can navigate the Parole in Place application process with confidence. 

 

Ensuring that all information is accurate and all documentation is complete will significantly improve your chances of a successful application, allowing you to remain in the United States legally and pursue a pathway to lawful permanent residency.

 

For a more guided walk through of the process of securing Parole in Place (PIP) and completing Form I-131F, consider seeking the guidance of an immigration attorney. You may also access the recently published Form I-131F Application Guide by the USCIS.

FAQs

1. What is Form I-131F?

Form I-131F is an application used by noncitizen spouses and stepchildren of U.S. citizens to request Parole in Place, allowing them to stay legally in the U.S. without leaving for consular processing.

 

2. Who is eligible to file Form I-131F?

Eligible applicants include noncitizen spouses who have been continuously present in the U.S. since June 17, 2014, and noncitizen stepchildren who have been continuously present since June 17, 2024.

 

3. How do I submit Form I-131F?

You must submit Form I-131F online through the USCIS portal. Paper applications are not accepted.

 

4. What documents do I need to submit with Form I-131F?

You need to submit proof of identity, proof of your relationship to the U.S. citizen, and evidence of continuous physical presence in the U.S., among other supporting documents.

 

5. How much does it cost to file Form I-131F?

The filing fee for Form I-131F is $580. Fee waivers are not available for this form.

 

6. Can I work while my Form I-131F is being processed?

Once granted Parole in Place, you can apply for an Employment Authorization Document (EAD) to legally work in the U.S.

 

7. How long does Parole in Place last?

Parole in Place is typically granted for three years. It can be terminated if you leave the U.S. without proper authorization or if DHS determines that parole is no longer warranted.

 

8. What happens after I submit Form I-131F?

After submission, you’ll receive a notice for a biometrics appointment, where you will provide fingerprints and photographs. USCIS will then process your application and notify you of their decision.

 

9. Can I travel outside the U.S. while on Parole in Place?

No, traveling outside the U.S. without advance parole will terminate your Parole in Place status, and you may not be allowed to re-enter.

 

10. What should I do if my Form I-131F is denied?

If your application is denied, USCIS will generally not initiate removal proceedings based solely on the denial unless there are security concerns. You may need to consult with an immigration attorney to explore other options.

A Detailed Guide to Filing Form I-131F for Noncitizen Spouses

For noncitizen spouses of U.S. citizens, ensuring legal status in the United States is a top priority. 

 

Form I-131F, known as the Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, is an essential option that helps noncitizen spouses remain in the U.S. legally while they work through the immigration process. 

 

Parole is a discretionary power of the Department of Homeland Security (DHS) under section 212(d)(5)(A) of the Immigration and Nationality Act (INA). It permits certain noncitizens, referred to as “applicants for admission,” to temporarily remain in the United States on a case-by-case basis for urgent humanitarian reasons or to serve a significant public interest.

 

This guide is specifically designed for noncitizen spouses, offering straightforward information on eligibility, how to apply, and what happens after filing.

What is Form I-131F?

Form I-131F, or the Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, is a form used by U.S. citizens to request temporary legal status for their noncitizen spouses and step-children.

 

This status holds significant value for a noncitizen spouse and/or step children who might otherwise face removal. Upon receiving parole, and if they meet the eligibility requirements, these individuals can apply for adjustment of status to become lawful permanent residents (LPRs) without having to leave the U.S.

Who is Eligible for Form I-131F?

Noncitizen spouses and step-children of U.S. citizens are qualified for this Form I-131F, provided they meet the key eligibility criteria.

Here’s what you need to know if you are submitting an Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens as a noncitizen spouse:

 

Key Eligibility Criteria for Noncitizen Spouses:

    1. Valid Marriage: The applicant must have a legally valid marriage to a U.S. citizen on or before June 17, 2024. Proof of this relationship is required, typically through a marriage certificate and other supporting documents.
    2. Presence in the U.S.: The noncitizen spouse should be continuously physically present in the United States since at least June 17, 2014, through the date of filing of their request.
    3. No Criminal Record: The applicant must not have any disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security

 

How to File Form I-131F for Noncitizen Spouses

Filing Form I-131F requires careful attention to detail. Below are the steps you need to follow to increase the chances of a successful application:

 

1. Prepare Your Documents

Before you begin filling out the form, gather all the necessary documents:

  • Marriage Certificate: A certified copy proving your marriage to a U.S. citizen.
  • Proof of U.S. Citizenship: Documentation such as a passport, naturalization certificate, or green card.

2. Complete Form I-131F

Fill out the form with precise and accurate information. The USCIS has recently published a guide on the filing of Form I-131F. This form can only be filled up and submitted STRICTLY online. Any form of physical submission will neither be processed nor receipted by the USCIS. 

Make sure to answer all questions completely and honestly, as incomplete forms may result in delays or denials.

 

3. Assemble and Submit Supporting Documents

Attach the necessary supporting documents to your completed form. These should be clear copies, not originals, and should be well-organized and labeled.

 

4. Check Filing Fees and Submit Your Application

To apply, individuals need to submit Form I-131F, the Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, through the myUSCIS online portal after setting up an account. The application fee is $580.

 

6. Biometrics Appointment

After submission, you may be required to attend a biometrics appointment. This involves providing your fingerprints, photograph, and signature for security purposes.

 

7. Await the Decision

Once your application is submitted, USCIS will review it. Processing times vary, but you will be notified of the decision. If approved, you will be granted parole in place, allowing you to stay in the United States temporarily.

What Happens After a Requestor Is Granted Parole in Place?

Applying for Employment Authorization

Once you are granted parole in place under the Keeping Families Together program, you have the option to apply for employment authorization. To do this, you’ll need to submit Form I-765, Application for Employment Authorization, using the category code (c)(11). This application can be filed online through your USCIS account or by mail, and it requires either the payment of the filing fee or a fee waiver request.

If you don’t have a Social Security number (SSN), you can apply for one when you submit Form I-765. Simply complete the relevant sections (Items 13.a-17.b) on the form, and if your application is approved, USCIS will forward the necessary information to the Social Security Administration. You will receive your Social Security card by mail at the address you provide.

 

Address Updates

If you are living in the United States for more than 30 days, you must report your physical address to USCIS. If your address changes, you need to inform USCIS within 10 days. The easiest way to do this is through your USCIS online account. It’s important to keep your address updated to avoid missing any critical notifications from USCIS.

 

Terminating Your Parole

Your parole status is temporary and can be automatically terminated if you leave the United States or if your parole period expires. DHS also reserves the right to terminate your parole at any time with written notice. For example, if you receive a Notice to Appear (NTA), which is a charging document, it typically serves as written notice that your parole has been terminated.

 

Travel Considerations

If you have been granted parole in place, it is important to understand that this does not authorize you to leave and then re-enter the United States without an Advance Parole Document. Departing the U.S. without this document could result in automatic termination of your parole and may make it difficult or impossible to return. Even with advance parole, re-entry into the U.S. is not guaranteed, as you will be subject to inspection at the port of entry. Consulting with an immigration attorney before traveling outside the U.S. is highly recommended due to the potential risks involved.

 

Filing for Adjustment of Status

Receiving parole in place does not automatically qualify you for permanent residency or other immigration benefits. To adjust your status to become a lawful permanent resident (LPR), your U.S. citizen spouse or parent must file Form I-130, Petition for Alien Relative, on your behalf. Alternatively, certain widow(er)s or their children may file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. USCIS will separately determine your eligibility for these petitions.

 

After securing an approved immigrant petition, you would then need to file Form I-485, Application to Register Permanent Residence or Adjust Status, to begin the process of becoming an LPR. You may also need to file Form I-601, Application for Waiver of Grounds of Inadmissibility, if applicable.

Important Considerations for Noncitizen Spouses

  • Attention to Detail: Accuracy in your application is crucial. Mistakes can cause delays or result in denial.
  • Legal Assistance: Immigration law is complex. Consulting with an immigration attorney can help you navigate the process and avoid common pitfalls.
  • Stay Informed: Immigration policies and procedures are subject to change. Keeping yourself updated ensures your application complies with the latest USCIS guidelines.

Conclusion

For noncitizen spouses of U.S. citizens, Form I-131F can be a critical tool in maintaining family unity and legal status in the United States. 

The process can be challenging, but with careful preparation and a clear understanding of the requirements, you can improve your chances of success. 

It would be best for you to ask the assistance of an immigration attorney to guide you through the process of obtaining PIP and filing a Form I-131F.

Frequently Asked Questions (FAQs)

1. What is the purpose of Form I-131F?

Form I-131F is used to request parole in place for certain noncitizens already in the United States. It allows them to stay in the country temporarily while pursuing other immigration benefits.

2. Who is eligible to apply for parole in place using Form I-131F?

Noncitizen spouses and step-children of U.S. citizens.

3. Is there a fee for filing Form I-131F?

Currently, the filing fee is $580.

4. What happens if my Form I-131F application is approved?

If approved, you will be granted parole in place, allowing you to remain in the United States temporarily. This status protects you from deportation but does not automatically grant permanent residency.

5. Can an immigration attorney assist with filing Form I-131F?

Yes, it is highly recommended to seek the assistance of an immigration attorney. They can guide you through the process, help you gather the necessary documentation, and ensure that your application is completed accurately.

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