Parole-In-Place Application Process Announced: Complete Guide and FAQs

**OCTOBER 2024 UPDATE: THIS LAW HAS BEEN CANCELED BY COURT ORDER**

On August 19, 2024, President Biden and the Department of Homeland Security (DHS) announced the application process for the Parole-in-Place (PIP) program as part of the "Keeping Families Together" initiative. This is a complete guide regarding who qualifies, the application process, documents needed, and more.  

The Biden administration announced the Parole-in-Place (PIP) program on June 18, 2024, aiming to promote family unity. This significant change in the law allows certain noncitizen spouses of U.S. citizens, who have been in the U.S. for at least ten years, to apply for lawful permanent residence without having to leave the United States. On August 19th, the administration announced the official process of applying for the program and what documents are needed. 

Who is Eligible for Parole-in-Place?
Answer: Eligibility criteria for noncitizen spouses include being present in the U.S. without formal admission, continuous presence since at least June 17, 2014, a valid marriage to a U.S. citizen, no significant criminal history, and successful completion of required background checks.

• Legal Entry NOT Required: Importantly, this program is also accessible to those who have entered the United States without inspection (EWI). Individuals who entered without going through an official port of entry can apply for Parole-in-Place, offering a lawful means to adjust their status without the necessity of departing the U.S.
• Continuous Presence: Applicants must have been continuously physically present in the United States since at least June 17, 2014. It’s essential to demonstrate this with substantial documentation, as outlined in the previous sections.
• Marital and Family Relationships: Applicants must have a legally valid marriage to a U.S. citizen that was established on or before June 17, 2024. For stepchildren, they must have been under the age of 21 and unmarried as of June 17, 2024, and their noncitizen parent must have entered into a legally valid marriage with a U.S. citizen before the child’s 18th birthday.
• Criminal and Security Screening: Applicants should not have disqualifying criminal histories and must undergo required background checks and national security and public safety vetting.

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What is the Required Form for Applying for Parole-in-Place?
Answer: Applicants must file Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. This form must be submitted online through your myUSCIS account.

What are the Filing Fees?
Answer: The filing fee for Form I-131F is $580. This fee must be paid online; there are no fee waivers available for this form.

Can I Work While My Application is Processed?
Answer: After receiving parole approval, you can file Form I-765, Application for Employment Authorization. The online filing fee is $470, and the paper filing fee is $520, with fee waivers available for Form I-765.

What Documents Do I Need to Prove Continuous Physical Presence?
Answer: Comprehensive documentation is required to establish your physical presence in the U.S. since June 17, 2014. The list includes:

• IRS tax transcripts
• Rent receipts and utility bills
• Property deeds or mortgage statements
• Financial statements (bank, credit card)
• Insurance policies
• Vehicle registration documents
• Medical records
• Educational records
• Letters from religious or community organizations
• Documents showing participation in religious ceremonies
• Birth certificates of children born in the U.S.
• Money order receipts for transactions in or out of the U.S.
• Any other relevant documents supporting continuous presence

How to Avoid Scams During the Application Process?
Answer: Be cautious of services that charge for government forms or promise expedited processing. Only use services from licensed attorneys or DOJ-recognized representatives. Visit the USCIS Avoid Scams page for more information.

What is the Process of applying for the New Biden Parole in Place Rule? Detailed Application Process

• Step 1: Set up or access your myUSCIS online account.
• Step 2: Collect all necessary documentation, focusing particularly on proving your continuous physical presence in the U.S.
• Step 3: Submit Form I-131F online and pay the applicable fee.
• Step 4: After parole is granted, apply for employment authorization if needed.
• Step 5: Keep your contact information updated in your USCIS account and stay alert for any communication or additional requests from USCIS.

The Importance of Consulting an Immigration Attorney
Immigration law is intricate and often subject to interpretations that vary by case. Applying for Parole-in-Place (PIP), while it may seem straightforward, involves critical considerations that could impact your entire immigration future.

• Personalized Evaluation: An immigration attorney can provide a thorough evaluation of your entire immigration history, including the manner in which you entered the United States, any previous immigration applications, and your overall status adjustments. This comprehensive review is crucial to ensure that you meet all eligibility criteria for the PIP program.
• Understanding Legal Risks: Immigration applications can inadvertently expose applicants to risks such as deportation, especially if there are any irregularities or complications in your immigration history or criminal record. An attorney can identify potential red flags and advise on the best course of action, sometimes suggesting alternative pathways to residency that may be safer or more suitable.
• Expertise in Complex Cases: If your case involves complexities such as previous denials, deportations, or unauthorized entries into the U.S., specialized legal expertise is essential. Immigration attorneys are equipped to handle such intricacies, ensuring that every application step is meticulously managed.
• Avoiding Common Pitfalls: Many applicants face setbacks due to simple errors in their application, such as incomplete forms or missing documents. An immigration lawyer ensures that your application is error-free and complete, increasing your chances of a favorable outcome.
• Representation in Proceedings: Should any issues arise during your application process, having legal representation can be invaluable. Immigration attorneys can represent you in proceedings before immigration courts and liaise with USCIS on your behalf, advocating for your case.
• Case-Specific Advice: Given the stakes involved, submitting a PIP application without professional guidance could potentially jeopardize not just your application, but your ability to remain in the U.S. An attorney will not only guide you through the process but also help safeguard against decisions that could lead to adverse consequences.

Conclusion
Successfully navigating the Parole-in-Place application requires careful preparation, thorough documentation, and an understanding of the legal process. If you find this process daunting or require personalized assistance, our law firm is equipped to guide you through every step. By ensuring a complete and compliant application, we aim to enhance your chances of securing your and your family’s future in the United States.

​Najmeh Mahmoudjafari, Esq. 
Najmeh is the Founder and Lead Immigration Attorney at ImmigraTrust Law, an immigration law practice in Orange County, California, representing individual and corporate clients in all 50 U.S. States and internationally. Najmeh can be reached at [email protected].

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ImmigraTrust Law: Your Immigration Law Experts
If you need an experienced immigration attorney, choose ImmigraTrust Law. Our team has extensive experience guiding individuals and businesses through the complex U.S. immigration system. We offer a full range of services including green cards, naturalization, marriage/fiancé visas, student visas, and business visas. Our knowledgeable attorneys provide personalized legal guidance to protect your rights and achieve your immigration goals.

If you need help or have questions about the PIP program, contact a licensed immigration attorney or visit the official USCIS website. Remember, accurate and legitimate guidance is crucial in navigating this new opportunity effectively. 

Contact ImmigraTrust Law today to discuss your case with our award-winning immigration lawyer.

DISCLAIMER: This article is for general information purposes only. It is not intended and does not constitute legal advice. This article does not create an attorney/client relationship and does not provide an attorney/client privilege. For legal advice about your specific case, please contact an attorney.