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Overview
On August 19th, the Biden administration released the guidance for their new Parole-in-Place (PIP) policy. Although, PIP allows family of service members (either active or reservist) to apply for special parole, this policy is for any noncitizen spouses of U.S. citizens as long as they are eligible to apply. Not only does PIP grant non-citizen family members one year of protection in the United States, it also enables them to obtain a work permit and continue on with their green card applications if they would otherwise be required to leave the United States. This is especially useful for non-citizens who would be subjected to the 10-year bar, where any unlawful non-citizen who accrued some amount of unlawful presence after a year in the United States and leaves the country would not be allowed to return for ten years. In other words, PIP allows unlawful non-citizens to check the mental box of the ten year bar and they will instead get paroled while they are already in the United States, making them eligible to apply for permanent residence.
What is in the Policy and who is Eligible?
To be eligible for this program, applicants must have the following criteria:
- Continuous presence in the United States for ten years or more since at least June 17, 2014
- Have entered the United States without inspections and do not have any immigration status
- Must have been married to a U.S. citizen as of June 17th, 2024.
In addition to these criterias, criminal history will also be taken into account. For example, all felony offenses will be a disqualifying criteria, along with other criminal offenses such as murder, aggravated assault, domestic violence, and most substance uses. USCIS has provided a list on their website stating the types of criminal charges that fall under disqualifying criteria on their PIP FAQ page. However, the list is not limited, as the Department of Homeland Security (DHS) may also determine other types of criminal offenses that are not listed in the USCIS website. The full guidance and instructions on how to properly apply for PIP can be found on the USCIS website, or on their PDF filing guide for Form I-131.
Current Lawsuit by Texas and Other States
Although this new program has brought hope for many undocumented migrants, the policy has been met with some backlash, where Texas, along with 15 other states, have filed a lawsuit against DHS, claiming that the policy will cause irreparable harm, motivate more undocumented immigration, and that the program is unconstitutional. The program has since been temporarily halted by federal Judge J. Campbell Barker in Texas in order to examine those claims more closely, and give some time for DHS to file an opposing argument to the lawsuit. The pause was initially set to be lifted on September ninth, but Judge Barker has now extended this pause until September 23, 2024. This is because Judge Barker stated that he wanted more time to review the case. With that said, eligible applicants can still apply since USCIS will still be accepting applications. However they will not be able to grant anyone parole while the pause is still in place.
While the lawsuit can threaten hundreds of thousands of undocumented migrant’s chances of staying with their families in the United States, the chances for Texas and the other states involved winning this law suite is not yet clear. This is because it may be difficult for Texas and the other plaintiff states to sufficiently prove that the policy will have irreparable harm and injury to U.S. citizens. However, Judge Barker does consider the claims brought forward by Texas and the 14 other states serious enough to warrant closer examination and argues that the effects of the program should be reversible if the lawsuit’s decision is in favor of the plaintiff states.
Can Applicants Still Apply while the Lawsuit is Happening?
Despite the uncertainty and the possible consequences from this lawsuit, applicants are still encouraged to apply, because PIP applications that are accepted throughout the duration of the lawsuit can never be rescinded even if an averse decision comes about in the lawsuit. The application process is $580, and no fee waivers are available for this form.
Contact Wilson Immigration today for help with your immigration application. 415-527-5886.