Understanding the Parole in Place Program: Keeping Families Together

The Parole in Place (PIP) program is designed helps certain noncitizen family members of U.S. citizens. In particular, it helps foreign nationals who entered the United States without inspection, and have lived here for 10 years or more without leaving, and are married to a U.S. Citizen and their children. This program provides an opportunity for eligible individuals to remain in the United States without fear of deportation while their immigration status is resolved. Here’s a detailed look at the eligibility requirements and process for this discretionary relief.

What is Parole in Place?

Parole in Place is a form of discretionary relief that allows eligible noncitizens to remain in the United States legally, despite not having been admitted or paroled into the United States. It is designed to support the families of U.S. citizens by preventing the separation of spouses and stepchildren from their American family members.

Eligibility Requirements

1. Noncitizen Spouses of U.S. Citizens

To qualify for Parole in Place as the spouse of a U.S. citizen, you must meet the following criteria:

• Presence in the U.S.: You must be physically present in the United States without having been admitted or paroled.
• Continuous Presence: You must have been continuously present in the United States from June 17, 2014, through the date you file your request.
• Legally Valid Marriage: You must have a legally valid marriage to a U.S. citizen on or before June 17, 2024.
• Criminal History and Security Checks: You should have no disqualifying criminal history and should not be deemed a threat to public safety, national security, or border security.
• Biometrics and Vetting: You must submit biometrics and undergo required background checks and national security and public safety vetting.

2. Noncitizen Stepchildren of U.S. Citizens

If you are a stepchild of a U.S. citizen, you must meet these criteria:

• Age and Marital Status: You must have been under 21 years old and unmarried on June 17, 2024.
• Presence in the U.S.: Like spouses, you must be physically present in the United States without having been admitted or paroled.
• Continuous Presence: You must have been continuously present in the United States since at least June 17, 2024, through the date you file your request.
• Parent’s Marriage: Your noncitizen parent must have entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before your 18th birthday.
• Criminal History and Security Checks: Similar to spouses, you should have no disqualifying criminal history and should not be deemed a threat to public safety, national security, or border security.
• Biometrics and Vetting: Submission of biometrics and undergoing required background checks and national security and public safety vetting are necessary.

Application and Burden of Proof

The individual requesting Parole in Place must provide documents to demonstrate that it is more likely than not that they meet the eligibility criteria. Additionally, the applicant must show that granting parole is warranted based on urgent humanitarian reasons or significant public benefit.

It’s important to note that while Parole in Place allows individuals to remain in the U.S. lawfully, it does not automatically make them eligible for other immigration benefits, such as lawful permanent residency.  If Parole in Place is granted for a foreign national married to a U.S. Citizen, then most likely the foreign national would be able to adjust their status to become a permanent resident (through the filing of an I-130 and I-485).

Additional Information

In summary, the Parole in Place program under Keeping Families Together is a crucial policy designed to support the noncitizen family members of U.S. citizens by offering a potential path to permanent residency and temporary relief from deportation. By meeting the outlined criteria and undergoing the necessary vetting, eligible spouses and stepchildren can benefit from this important program.

If you are interested in the Parole in Place Program or other immigration options, please remember that skilled guidance can make a significant difference in the outcome of your immigration matter.

We’re an award-winning San Diego, California law firm with 50+ years of experience in immigration law. Talk to an immigration attorney at Feldman Feldman & Associates PC  by calling 1-619-299-9600 today.