Parole in Place

While Parole in Place (PIP) has been in the law for many years, President Biden expanded the number of people who can take advantage of PIP.

Normally, if a person enters the U.S. unlawfully and has a way to immigrate, they must complete the process at a US Consulate abroad. However, the act of leaving the US for a consulate in another country triggers a 3– or 10-year unlawful presence bar, meaning applicants are cannot return to the U.S. for 3 or 10 years without a waiver.

There are many people in the U.S. who are not eligible for the waiver or who do not want to take the risk of going abroad. This new use of PIP will help many people in this group by giving applicants for a green card a better process to pursue their applications in the US – without having to leave.  

In the US, the process for obtaining a green card is called adjustment of status. You can file for adjustment of status if you were inspected, admitted, or paroled into the USA. The PIP process provides parole. This expanded parole process is for people immigrating through a US citizen spouse or stepparent. 

If your PIP application is approved, it will be good for three years, but we recommend that applicants file for adjustment of status as soon as possible after PIP approval, before the next administration takes office. 

Please note: the program is not changing any categories or requirements to be eligible for a green card.

• Spouses of US citizens, including widow(er)s: 
  • Who entered the US without permission or inspection, 
  • Who have been married to their US citizen spouse since June 17, 2024, and  
  • Who have lived in the US continuously since June 17, 2014. 

NOTE: The legality of marriages, including common law marriages, are determined by the law of the place where the marriage took place (e.g., the state).

• Children of US citizen parents (stepchildren):
  • Who entered the USA without permission or inspection,
  • Whose parents have been married since June 17, 2024,
  • Whose parents married when the child was under 18 years of age,
  • Who are currently under 21 and are unmarried as of June 17, 2024, and
  • Who have lived in the USA as of June 17, 2024.

NOTE: Stepchildren do not need to prove continuous residence in the US since June 17, 2014, but they must be continuously present in the country from June 17, 2024 onward. 

Parole in Place is granted “in the exercise of discretion.” This means the government will weigh the good facts against the bad facts in each case. USCIS will consider your personal circumstances, including urgent humanitarian reasons or significant public benefits. This also means there is no guarantee your case will be approved. Cases are decided based on the facts of your specific case.

Applications can be filed starting on August 19, 2024. There is no filing deadline.

However, due to the current court case, applicants can continue to file their KFT PIP applications, but USCIS cannot approve any applications while the pause is in place. If you apply now, USCIS will not be able to issue a decision in your case until the Court decides that the process can continue and there is a risk of losing your filing fee if the process is never reopened or is terminated. We strongly recommend seeking legal advice to see if you qualify for the PIP program and determine any potential risks if applying.

The people most likely to be eligible early in this program are individuals who meet the list requirements and are:

• Applicants that have had their biometrics taken for an application such as DACA,
• People with pending or approved I-601A unlawful presence waiver applications who have not yet gone to the US consulate abroad and who have no other problems with their case, and
• People who have no bad facts in their immigration history other than one unlawful entry into the US and perhaps a traffic violation.  

Legal practitioners report that some of these types of cases are being processed very fast. There are many other people who may benefit as well, but whose cases may be more complicated. We strongly recommend seeking legal advice to see if you qualify for the PIP program. 

We strongly recommend seeking legal advice from a trusted source before applying for the PIP program. 

1. You will need to create a USCIS online account to fill out Form I-131F, which can only be filed online. Either you or your legal representative may file your application. Currently, paper filings are not available. Click here for information on how to create a USCIS online account.
2. Include supporting evidence of the requirements. A document list is in the USCIS FAQs. Your legal representative may give you their own preferred list. 
3. Provide additional evidence to show why your case should be granted. Cases are decided individually based on your personal circumstances. You will need to provide a short statement about why you think your case should be granted. Applicants should highlight their achievements, family ties, contributions to the community, and the hardships they will face if their case is not granted.  
4. Include the $580 filing fee online. Unfortunately, there is no filing fee waiver currently.

Form I-130 establishing the required relationship between the applicant and their family member may be filed before or after filing for PIP.

Once your PIP is approved, file for adjustment of status within three years using Form I-485. When filing Form I-485, file for a work permit using Form I-765 as well. 

NOTE: You cannot apply for a work permit until after a PIP is approved. Also, you cannot file a PIP with the I-130, I-485, or I-765.

Be ready to provide documents supporting your application in the following areas: 

• Basic information and evidence of your identity 
• Evidence of your spouse or stepparent’s citizenship 
• Evidence of your relationship to prove that you are the spouse or stepchild of the US citizen 
• Evidence of your physical presence in the US for the required period
• Evidence of additional favorable discretionary factors that you would like USCIS to consider

View the USCIS FAQs, which lists the documents you’ll need to submit. 

Yes, there are risks in applying that you should discuss with your legal advisor.

Meeting the Requirements: Your case can be denied if you fail to prove the minimum requirements. Additionally, cases are decided on a case-by-case basis. If you are in removal proceedings or have an outstanding removal order, this makes your case much more complex, but you are not necessarily ineligible. The USCIS FAQs do list the circumstances when you cannot apply for PIP, so if you have bad facts in your case other than unlawful entry, you should review your case with legal counsel. 

PIP is a discretionary form of relief, and there is no avenue to adjudicate or appeal if your application is denied.

Legal Challenges to PIP: A federal court has issued an administrative stay for the Parole in Place program as of August 23, 2024. This means the program is paused until at least November 8th or when a decision is made in the courts.

While the application remains open, USCIS will not grant any more applications or allow people who received parole-in-place to move forward in getting their green cards until the District Court says that the program can continue. That decision could take many months, or a court could say that the program must stop altogether. Therefore, it is important to consider the risks of applying.

Applicants should keep in mind that if no immigration agency is aware of their presence in the United States, they will be revealing themselves by applying. This risk is especially great for people who have criminal convictions and who might be an enforcement priority. But there is no guarantee that ICE will not use the information, even if the applicant has
never been arrested.

If you’re considering applying:⁠

👉 Only apply if eligible.⁠

👉 Be aware of the risk of losing your filing fee if the pause is extended.⁠

👉 Consult a trusted immigration lawyer or accredited representative for guidance.⁠ Beware of scams!

Additionally, check USCIS website for the latest on the case.

This could impact your case if you haven’t filed by then or if your case is pending. It’s unknown whether it would impact your case if you have a pending adjustment of status case based on a prior approved PIP. 

Unlawful Presence Waiver Application: If you have a pending or approved I-601A unlawful presence waiver, you can file for PIP. However, once you file for adjustment, your I-601A waiver will be terminated. Be sure to discuss the best strategy with your legal advisor before taking action. 

Tip: USCIS has been sending emails or texts to current applicants and beneficiaries of I-601A waivers to let them know to consider this program in the alternative. Be sure to seek legal advice about your situation. Also, follow the USCIS website and FAQs for the latest information. 

Travel after PIP Approval: Parole terminates automatically if you leave the United States.

Termination of Parole: Parole may also be terminated at any time at the discretion of the Department of Homeland Security (DHS) if USCIS decides parole is no longer justified. For example, if you commit a crime while on parole or USCIS discovers you lied in the application, your parole could be revoked. 

Immigration Enforcement: DHS usually won’t use the information you give them to start immigration enforcement unless they think you are a danger to the country or other people. However, DHS can still take action, even if you are waiting for permission to stay in the country. DHS might share your information with other security or law enforcement agencies to help with things like checking your request, stopping fake claims, or investigating crimes.  

The Guidelines for the Enforcement of Civil Immigration Law direct DHS to focus its resources on noncitizens who pose a threat to national security, public safety, or border security. Those guidelines are still in effect. Meeting the PIP requirements or filing a request under this process does not prevent enforcement action against someone when it is appropriate under the law.

If your case is denied, DHS must follow the guidelines above to decide whether to put someone in deportation or removal proceedings. However, there is an exception for stepchildren who entered the United States unlawfully after November 1, 2020 and who otherwise meet the criteria for PIP. 

An outstanding removal order does not prevent a spouse or stepchild of a US citizen from applying for PIP, but a removal order raises a rebuttable presumption of not being eligible. This means the government assumes you are not eligible, but the applicant can overcome that assumption by providing evidence of why it is an urgent humanitarian or public benefit not to be removed.  

Additionally, there are jurisdictional and procedural issues for the adjustment of status process if you are in removal proceedings. For more information, see the USCIS FAQs and consult with legal counsel. 

Spouses and stepchildren of US citizens must be “otherwise eligible” to apply for adjustment of status. All felony convictions make you ineligible for the PIP program. For PIP, you also cannot be “a threat to public safety, national security, or border security.” These terms are defined in the USCIS FAQ. 

There are also other negative behaviors that could make you ineligible for adjustment of status. Although this won’t be determined at the PIP stage, you still have to plan for your eligibility for adjustment of status application.  

Because these issues are complex, be sure to consult with legal counsel to see if you are eligible for all applications you need to get your green card, PIP, and a work permit. 

There are two options to obtain a work permit, also known as an Employment Authorization Document (EAD): 

• After your PIP is approved, you can file for an EAD using Form I-765 (category (c)(11)) that will be good until your PIP expires, which is generally for three years. The cost is $470 if filed online or $520 if filed by paper in the mail, and/or
  
• After your PIP is approved and you file for adjustment of status, you can file Form I-765 (category (c)(9)) and pay $260 either online or by mail. You will receive a five-year work permit while your adjustment is pending.

Fee waivers are available for Form I-765. 

NOTE: EADs will automatically end if your parole ends or adjustment is denied. 

Technically, no. An applicant may self-file. However, we highly recommend that you seek legal help from an authorized service provider. Because this program is for people who entered the US without documentation or inspection, there are many scenarios that could create problems or issues. At the very least, an initial consultation with legal help is recommended. 

• Where can I find a lawyer or other legal counsel? 
  • OneAmerica is not providing assistance with PIP applications, but we can refer you to our trusted legal service providers. You can find a list of our partners here. 
  • The American Immigration Lawyers Association (AILA) also provides a list of immigration lawyers. You can search by ZIP code, language, and service needed – including PIP. The lawyers listed on this site are members of AILA and have chosen to be on this list. 
• Who is authorized to provide legal advice and prepare forms? 
  • US Licensed attorneys who have not been disbarred or disciplined by their state bar or the US Department of Justice (DOJ) 
  • DOJ Accredited Representatives who work for DOJ Accredited organizations who have not been disciplined by DOJ 
  • Law students working under the supervision of a licensed attorney or professor 
• Who CANNOT provide legal advice or prepare forms? 
  • Interpreters or translators: they can help you complete a form when you tell them what to put on the form, but they cannot advise you what form to use or what to put on the form. 
  • Travel agents 
  • Tax preparers 
  • Immigration Consultants 
  • Notarios
  • Notary Publics 
  • Self-employed DOJ reps or paralegals/legal assistants 

Always ask for the provider’s credentials and experience, and check the state bar and DOJ lists for prior discipline or disbarment. 

NOTE: It is common for service providers to charge for their services because that is how they earn their living. Some nonprofit organizations don’t charge and others do. Neither is right or wrong. 

Update September 10, 2024: Due to the current legal challenges to the program, USCIS is not currently approving applications. However, you can still submit your applications. We strongly recommend you seek trusted legal advice before doing so to ensure you understand the potential risks.

USCIS plans to expedite these applications, but we do not know exactly what that means.

Early reports from legal practitioners are that simple cases are being approved right away if biometrics are already on file. However, expect the work permit, adjustment of status and visa petition processes to take much longer as there are already significant backlogs.