Applying for Parole in Place? Here’s What You Need to Know!

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Shawn Sedaghat, Esq.

The Shawn S. Sedaghat Law Firm

When you hear the phrase “Parole in Place,” it might sound a bit complicated, but don’t worry! We’re going to break it down in a way that’s easy to understand.

 

If you’re an undocumented spouse or stepchild of a U.S. citizen, Parole in Place (PIP) could be your ticket to staying in the United States legally while you work on getting permanent legal status.

This guide will walk you through the process of applying for Parole in Place, from start to finish, with all the details you need to know.

What is Parole in Place (PIP)?

Parole in Place is a special immigration benefit that allows certain undocumented family members of U.S. citizens to stay in the United States temporarily. 

Normally, if someone is in the U.S. without proper documentation, they might have to leave the country and apply for a visa from outside the U.S., which could lead to long separations from their family. 

PIP lets you stay with your family in the U.S. while you work on your immigration status, so you don’t have to worry about being separated from your loved ones.

Why is Parole in Place Important?

Parole in Place is incredibly important because it helps keep families together. Imagine having to leave the country and not knowing when you’ll be able to come back—pretty scary, right? 

PIP prevents that from happening. It gives certain noncitizen spouses and stepchildren a temporary legal status that allows them to stay in the U.S., apply for an employment authorization document (EAD), and eventually work toward becoming a lawful permanent resident (LPR). 

This means you can stay with your family and continue building your life here.

Who Can Apply for Parole in Place?

To apply for Parole in Place, you need to meet certain eligibility criteria. Here’s who can apply:

  1. Undocumented Spouses: If you’re married to a U.S. citizen and don’t have the proper immigration papers, you can apply for PIP.
  2. Undocumented Stepchildren: If your parent is married to a U.S. citizen and you’re their child, you can also apply for PIP.

But wait—there’s more! You also need to meet a few other requirements to be eligible:

  • You must be physically present in the U.S.: This means you’ve been continuously present here without leaving for a certain period.
  • You must not have a disqualifying criminal history: If you’ve had any run-ins with the law, it could affect your application. If you committed a crime that made you a threat to public safety and national security, it’s best to consult with an immigration attorney if you’re unsure about this part.

Your marriage must be legally valid: If you’re applying as a spouse, your marriage needs to be legally recognized.

parole in place

How to Apply for Parole in Place: A Step-by-Step Guide

Now that you know what PIP is and who can apply, let’s get into the nitty-gritty of the application process. Here’s a detailed step-by-step guide to help you through it.

 

Step 1: Create or Access Your USCIS Online Account

The first thing you need to do is create an account on the USCIS website. This account is where you’ll fill out and submit your application. Here’s how to do it:

  1. Visit the USCIS Website: Go to USCIS.gov, the official site for U.S. Citizenship and Immigration Services.
  2. Create an Account: If you don’t already have an account, click on the “Create Account” button. You’ll need to enter your name, email address, and set up some security questions.
  3. Verify Your Account: After creating your account, you’ll get a confirmation email. Click on the link in the email to verify your account and get started.

Step 2: Start the Form I-131F Application

Once you’re logged into your USCIS account, it’s time to start the application process:

  1. Navigate to the Form Section: On your dashboard, you’ll see an option to “Start a Form.” Click on that and select “Form I-131F: Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens.”
  2. Review the Form Instructions: Before you start filling out the form, take some time to read through the instructions. These instructions will guide you through the eligibility criteria, required documents, and important legal considerations.

Step 3: Complete the Personal Information Section

This part of the application is all about you. Here’s what you’ll need to include:

  1. Full Legal Name: Enter your name exactly as it appears on official documents like your passport or birth certificate.
  2. Other Names Used: If you’ve used other names in the past (like a maiden name), list them here.
  3. Date of Birth: Make sure your date of birth is accurate and matches your other documents.
  4. Contact Information: Provide your phone number, email address, and current mailing address.

Step 4: Provide Information on Your U.S. Citizen Spouse or Stepparent

If you’re applying as a spouse or stepchild, you’ll need to provide some details about your U.S. citizen spouse or stepparent:

  1. Full Name and Date of Birth: Enter the full name and date of birth of your U.S. citizen spouse or stepparent.
  2. Marriage Details (for Spouses): If you’re a spouse, include details about your marriage, like the date and location of the wedding. Make sure your marriage was legally recognized by the required date.
  3. Parental Marriage Details (for Stepchildren): If you’re a stepchild, 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.

Step 5: Upload Required Documentation

Supporting documents are crucial to your application under the Keeping Families Together initiative. Here’s what noncitizen spouses and stepchildren need:

  1. Proof of Identity: This could be a copy of your passport, driver’s license, or other government-issued ID.
  2. Proof of Relationship: for noncitizen spouses, you’ll need a marriage certificate to prove that you are in a legally valid marriage with a US citizen. If you’re a stepchild, you’ll need a birth certificate that shows your parent’s name, and also, their marriage certificate, to prove they have a legally valid marriage with a US citizen.
  3. Proof of Continuous Physical Presence: You’ll need to show that you’ve been continuously present in the U.S. This can include rental agreements, insurance policies, utility bills, school records, or other documents and other organizations’ official records that prove you’ve been living here.

Step 6: Pay the Application Fee

Filing Form I-131F isn’t free, so you’ll need to pay an application fee:

  1. Fee Payment: The fee is $580, and you can pay it online through your USCIS account using a credit card, debit card, or bank account.
  2. No Fee Waiver Available: Unfortunately, there’s no fee waiver for this form, so make sure you’re prepared to pay the full amount.

Step 7: Submit Your Application and Schedule Biometrics

Once you’ve filled out the form and uploaded your documents, it’s time to submit:

  1. Final Review: Double-check everything to make sure your information is correct and complete.
  2. Submit the Application: Once you’re confident that everything is in order, click “Submit.”
  3. Biometrics Appointment: After submitting your application, you’ll receive a notice to attend a biometrics appointment. This is where they’ll take your fingerprints, photo, and signature to verify your identity.

Step 8: Track Your Application Status

After you’ve submitted your application, you can track its status through your USCIS online account:

  1. Monitoring Your Case: Check your account regularly to stay updated on the progress of your application. USCIS will update the status at each step, from receipt to final decision.
  2. Responding to Requests for Evidence (RFE): If USCIS needs more information or documents, they’ll issue an RFE. Be sure to respond promptly to avoid delays.
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What Happens After You Apply?

So, you’ve submitted your application—what’s next? Here’s what you can expect:

  1. Decision Notification: After USCIS reviews your application, they’ll notify you of their decision. If you’re approved, you’ll be granted Parole in Place.
  2. Employment Authorization: Once you’re granted parole, you can apply for an Employment Authorization Document (EAD) using Form I-765. This document will allow you to work legally in the U.S.
  3. Address Updates: If you move while your application is being processed, make sure to update your address with USCIS to avoid missing important notifications.

Important Considerations and Tips

Here are some extra things to keep in mind as you go through the PIP process:

  1. Attention to Detail: Accuracy is key! Make sure all your information is correct to avoid delays or denials.
  2. Legal Assistance: Immigration law can be tricky. If you’re unsure about anything, don’t hesitate to reach out to an immigration attorney for help.
  3. Stay Informed: Immigration policies can change, so it’s important to stay up to date with the latest information.

Conclusion: Keeping Families Together

Parole in Place is a powerful tool for keeping families together. By following the steps outlined in this guide, you’ll be well on your way to staying in the U.S. with your loved ones while you work on securing your permanent legal status. Remember, the key is to be thorough, accurate, and proactive in your application process.

If you’re eligible for PIP, don’t wait—take action today and start your application. Your family’s future in the U.S. could depend on it!

FAQs

1. What is the process of applying for Parole in Place?

The process involves creating a USCIS online account, filling out Form I-131F, submitting supporting documents, paying the fee, and attending a biometrics appointment. You can track your application status online.

2. Who can apply for PIP?

Undocumented spouses and stepchildren of U.S. citizens who meet specific eligibility criteria, such as being physically present in the U.S. and having no disqualifying criminal history, can apply for PIP.

3. What documents are needed to apply for PIP?

You’ll need a marriage certificate or birth certificate to prove your relationship, proof of identity, and documents showing continuous physical presence in the U.S., like rental agreements and utility bills.

4. What happens if I’m approved for PIP?

If you’re approved, you’ll be granted parole in place, allowing you to stay in the U.S. temporarily. You can also apply for an employment authorization document to work legally.

5. Can an immigration attorney help with the PIP process?

Absolutely! An immigration attorney can provide valuable guidance and ensure your application is complete and accurate.

6. If I have a negative criminal history, am I still allowed to apply for a PIP for Certain Noncitizen Spouses and Stepchildren of US Citizens?

One of the eligibility criteria under the Keeping Families Together initiative is that, noncitizen spouses and stepchildren of US citizens wishing to apply for PIP must not have a disqualifying criminal history. This includes not being a threat to public safety or national security. If you fall in such categories, it would be best to contact an experienced immigration attorney first before going to the next step.

7. How do I know if I am one of the eligible individuals?

Eligible individuals would obviously be allowed to apply for the Form-I131F. Furthermore, you may consult the parameters set by the USCIS to determine the eligible individuals by going to their website or asking the help of an immigration lawyer.

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