Joe Biden's Parole-in-Place: Updates, Eligibility and Application

On August 19, 2024, the Biden Administration finally opened up their new Parole-in-Place (PIP) application, the I-131F, for submission. Due to the influx of applicants, the website to submit your application crashed the same day. Simultaneously, online forums were flooded with questions, helping immigration attorneys add new service to their firm.

PIP used to be strictly used for military families to adjust their status and stay in the United States if they had immediate family members serving in the military. This has now been expanded to cover most families who have immediate United States Citizen families.

To give a quick run down of the general eligibility, here’s the qualification list provided to us by USCIS:

The Applicant must be present in the United States without admission or parole;

• Must have been continuously present in the United States for at least 10 years as of June 17, 2024; and
  
  
• Must have a legally valid marriage to a U.S. citizen as of June 17, 2024
  
  
• The U.S. citizen spouse must have been a U.S. citizen on or before June 17, 2024. If the spouse was a Lawful Permanent Resident on or after this date, and subsequently becomes a U.S. citizen, the non-citizen is not eligible to apply for PIP
• Common law spouses may also apply for PIP, so long as the marriage took place on or before June 17, 2024
•  A marriage will be recognized as valid for the purposes of parole in place if it is legally valid in the place of celebration. However, there are circumstances where USCIS may not recognize a marriage as valid for purposes of parole in place, including, but not limited to:
  
  
• Civil unions, domestic partnerships, or other relationships that do not confer the same legal rights and responsibilities to the parties as in a marriage recognized by a civil authority
• Marriages that are contrary to public policy in the United States
• This includes polygamous marriages and marriages involving minors, or marriages involving close relatives
• Marriages where one or both parties to the marriage are not legally free to marry or have not given consent to the marriage
  
  
• An applicant may be eligible to apply for PIP, even if their U.S. citizen spouse is deceased, as long as the marriage occurred on or before June 17, 2024, and the applicant has not remarried.
  
  
• In addition, individuals must not have a disqualifying criminal history or otherwise constitute a threat to national security, public safety, or border security and should otherwise merit a favorable exercise of discretion (See below section on Exercise of Discretion).

Eligibility for Adjustment of Status 

In the underlying June 18, 2024, declaration of the PIP program, it was noticed that to be qualified for PIP, the individual should be "generally qualified to change status".

In any case, the FRN and Structure I-131F never again expressly express this necessity as an essential to qualification and explicitly note that a full unacceptability screening will just happen during the Structure I-485 settlement. An applicant's criminal and/or immigration-related history will be checked through background checks to see if they are eligible for adjustment of status. As indicated above, while specific criminal unacceptability and earlier status history issues, like an EWI after a request for rejection, extradition, or expulsion, completely preclude a person for PIP, other potential prohibition issues won't be completely considered until the change of status stage.

In its FAQ, USCIS states "requesters don't have to show that they are not prohibited as a component of this cycle. Notwithstanding, USCIS might consider realities and conditions that might lead to one's unacceptability in presenting the defense by-case optional parole assurance, and requestors who thusly apply for change of status will be assessed for acceptability at that stage."

In addition, the FAQ mentions that certain grounds of inadmissibility, such as those under INA 212(a)(9)(B) and (C), may prevent a parolee from being adjustable.

It is critical to take note of that parole will be conceded for a time of as long as 3 years and DHS isn't thinking about a reparole interaction right now. As a result, a candidate who may not be eligible for adjustment of status may need to think about the effects of losing parole on their ability to stay in the United States and work.

Eligibility for Individuals in Removal Proceedings or with a Removal Order 

People who are presently in expulsion procedures, including those whose cases were officially shut or are forthcoming allure before the BIA, can apply for PIP if generally qualified. After parole is allowed, the individual should do whatever it may take to have the expulsion procedures re-calendared, ended or excused to apply for change of status. Those people ought to contact their neighborhood ICE Office of the Foremost Lawful Guide (OPLA) to look for their concurrence with a movement.

Individuals with unexecuted last expulsion orders (counting somebody who neglected to follow an intentional takeoff) may apply for PIP however are thought of as possibly ineligible. These people might be able to disprove the assumption that they are ineligible by presenting facts or evidence that support granting them parole.

In assessing whether the assumption has been survived, USCIS will consider conditions connected with the expulsion request, (for example, absence of direction, age at the time the request was given, or the sufficiency of notice) and whether there are special conditions or relieving factors, (for example, language access issues, status as a survivor of viciousness, or absence of assets). The individual ought to think about making a motion to reopen the case with EOIR and seeking the agreement of ICE OPLA in the event that USCIS grants the parole request.

PIP is not available to individuals who were removed from the United States or left the country in violation of an outstanding order of exclusion, deportation, or removal and then entered the country again without being admitted or paroled.

The new form does not contain any inadmissibility screening questions; however, criminal and immigration history background checks will be carried out. USCIS doesn't guess that candidate data will be shared for implementation purposes, except if the individual is a public safety danger or falls into a requirement need class.

Exercise of Discretion 

Even if an applicant meets all eligibility criteria, USCIS will nevertheless examine the totality of the circumstances to determine whether the applicant merits a grant of parole in place as a matter of discretion, based on a case-by-case analysis. The factors for which applicants may provide evidence to establish that they merit a favorable exercise of discretion include, but are not limited by, the following non-exhaustive list: 

• Community ties; 
• Advanced or young age; 
• Length of presence in the United States; 
• Status as a parent or caregiver of a U.S. citizen child or elderly parent or in-law; 
• Status as a caregiver for an individual with disabilities, including U.S. citizen in-laws or siblings; 
• Physical or mental condition requiring care or treatment in the United States; 
• Status as a victim of or witness to a crime or civil rights violation, or labor rights violation under investigation by a labor agency; 
• Impact on other family members, including family members who are U.S. citizens and Lawful Permanent Residents; 
• Status, or that of their U.S. citizen spouse, as a current or former member of the U.S. military; or 
• Other positive factors about which the requestor wishes to provide information. 

Form I-131F includes the following item which applicants must complete to explain why they merit a favorable exercise of discretion. Note that the explanation must begin directly on the form (at least the first 750 characters) and that it may be continued in a separate document that may be uploaded at the “Additional Evidence You Want to Provide” section of the application.

The Biden administration’s Parole in Place program represents a significant step in addressing the challenges faced by undocumented immigrants, particularly those with ties to the U.S. military. By providing a pathway to temporary legal status, PIP helps keep families together and offers hope to those who might otherwise face deportation. If you or a loved one believes you might qualify for PIP, it’s essential to gather all necessary documents, submit a thorough application, and stay informed about the status of your case.

Navigating the U.S. immigration system can be complex, so consider seeking legal advice or assistance from an immigration attorney to ensure that your application is as strong as possible.

If you have an immigration case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344!