Parole in Place (PIP) is an often-overlooked immigration program that can significantly impact the lives of some undocumented individuals by giving them a chance to gain legal status in the United States.
Although not a permanent fix, PIP offers temporary relief from deportation and allows eligible family members, including those related to U.S. military members, to work legally. This article will discuss what Parole in Place entails, who is eligible, and how it can help families with complicated immigration challenges.
What is Parole in Place?
Parole in Place is an established idea in immigration law that is receiving more focus lately. PIP allows certain people who came to the US without proper inspection to stay there for a limited time. Discretionary relief has existed for many years, but its application has changed.
The Immigration and Nationality Act (INA) created Parole in Place, giving the Department of Homeland Security the power to “parole” individuals into the U.S. for urgent humanitarian needs or significant public benefits. At first, this was mainly for people outside the country. Over time, authorities have broadened it to include individuals already in the U.S. without legal status.
PIP is different from many other immigration relief options because it does not always lead directly to permanent residency, although it can in some cases. Instead, it provides temporary protection from deportation and can help you access other immigration benefits you could not obtain before due to illegal entry.
Eligibility Criteria For PIP
To qualify for a PIP program, you should:
- Be married to an American citizen or be the step-child of a U.S. national as of 17th June 2024.
- Entered the U.S. without inspection (EWI entry).
- Have been continually present in the U.S. for not less than 10 years by 17th June 2024.
- Deserve a favorable decision.
- Not have a serious criminal record or pose a threat to US national security.
- A relationship with a United States military personnel.
Let us look at each of these elements:
Physical Presence
The PIP program requires you to be physically present in the U.S. for ten years, starting June 2014. You must be in the U.S. by 17th June 2014 to qualify. If you lived in the U.S. for 10 years, you must provide proof to be eligible. If you had taken short trips outside the U.S. during this time, talk to your immigration lawyer, which could lead to complications.
How Can I Prove My Ten Years of Staying in the U.S.?
Demonstrating your continual physical presence in the country over the past 10 years could be challenging, but it is possible. Here are some common examples of proof that can support your claim:
- Rental agreements.
- School records (like transcripts, attendance, or yearbooks).
- Utility bills.
- Phone bills.
- Medical records from hospitals or doctors.
- Costco memberships.
- Proof of money sent from the U.S. (like Western Union).
- Gym memberships.
- Religious documents.
- Bank statements.
- Family evidence, like birth or marriage certificates.
- Insurance policies.
- DMV records.
- Employment records.
- Affidavits from family and friends.
- Tax filings.
- Photos showing you residing in the U.S. over time.
Legally Recognized Marriage
You must be eligible to be married to an American citizen partner on or before 17th June 2024. If your marriage occurred after this date, you will not qualify.
Currently, domestic partnerships do not meet this requirement. You can still apply if you are legally married but living apart from your partner. If you marry illegally but reside in a jurisdiction that recognizes common-law marriages, your relationship may be a marriage for immigration purposes.
No Disqualifying Criminal Record
It is not clear what “disqualifying criminal record” means for this program, but you can infer from existing immigration rules. You do not need to have a spotless record. Authorities consider some offenses more severe than others. To be eligible for permanent residency, you should be “acceptable” to the US, which can be complex.
You must avoid convictions for a “moral turpitude crime” in your criminal history. These crimes usually include offenses related to theft, violence, fraud, and drug offenses. The “petty crime exception” may allow authorities to overlook minor offenses.
USCIS considers several factors when evaluating a conviction:
- How recent the conviction is
- Your age at the time of the conviction.
- The sentence you received.
- The severity of the crime.
- Any physical or mental health issues.
- The effect on your family members.
It is possible to be eligible for the program even with a conviction. However, if you possess any criminal record, you can talk to an immigration lawyer who can explain the effects of convictions on immigration.
Military Service
The applicant needs to be the parent, spouse, or child of a U.S. citizen who is:
- Currently serving in the U.S. Armed Forces.
- A military veteran (alive or deceased) who has served on active duty or in the Selected Reserve of the Ready Reserve.
- A member of the Selected Reserve of the Ready Reserve.
What Is the Process for Requesting Parole in Place?
To request PIP, you must submit the necessary documents to the United States Citizenship and Immigration Services (USCIS) office. Make sure to send your documents to the office that serves your area. If you are part of a military family stationed away from your permanent home, you can submit your request to an office that covers either location.
The documents you need to include with your PIP request are:
- A completed Form I-131, Application for Travel Document (no fee required). Write “Military PIP” in Part 2 of the form instead of checking a box.
- Proof of a close family relationship. It can be a marriage certificate, a child’s birth certificate, a birth certificate of the military member showing a parent’s name, proof of a previous marriage’s end, or proof of enrollment in the Defense Enrollment Eligibility Reporting System (DEERS).
- Evidence that the family member is a current or former U.S. Armed Forces member. This evidence can include a photocopy of the service member’s military ID (front and back) or DD Form 214.
- The non-citizen applicant must provide two identical color passport-style photos. Also, give any other positive factors you want USCIS to consider for your case.
You should include all necessary documents when applying for parole. A Parole in Place lawyer can assist you in ensuring that you have all the required documentation to begin this process.
What To Expect After Applying for a Parole in Place (PIP)
Once you apply for a PIP by filing Form I-131F, you will need to give your biometric data. USCIS will check your application to see if you meet the necessary criteria for PIP.
If the authorities approve your application, the permit will be valid for 3 years but can be canceled at any time. You can also request an Employment Authorization Document (EAD) with Form I-765. If you are denied, typically, you will not receive a notice to appear, and your case will not go to Immigration and Customs Enforcement (ICE).
If you receive this approval, you can submit your Social Security Number (SSN) application by following the instructions on Form I-765.
Benefits of Parole In Place
The parole-in-place policy helps keep military families together by allowing certain family members to stay in the US. Family members who were previously undocumented may also qualify for work permits if they are in an authorized status. Typically, immediate family members can change their status to become permanent residents (green card holders).
Protection From Deportation and Work Opportunities
The main benefit of PIP is protection from deportation and the chance to obtain a work permit. This policy allows you to stay in the U.S. for one year. You will receive an I-94 departure/arrival form as proof of your parole status. With this record, individuals can apply for work permits using the Form I-765, Application for Employment Authorization. Parolees are eligible for this work permit.
Adjustment of Status
An adjustment of status, or AOS, is the process of applying for a green card in the United States, and it requires that the person enter the country lawfully. One key advantage of PIP is the I-94 departure/arrival record, which provides evidence of lawful entry for adjusting status. Even if someone initially entered the U.S. without permission, PIP makes them eligible to change their status under INA §245(a).
An immigrant visa is always available for spouses, parents, and unmarried children under 21 of U.S. citizens, allowing them to adjust their status immediately. However, other family members, like the spouse and child of lawful permanent residents, may need to wait for an immigrant visa.
Commonly Asked Questions
Below are some frequently asked questions on Parole in Place:
What Happens Once I Receive My PIP?
After applying for PIP approval, you might obtain a document confirming your legal status as “paroled.” You could receive a Form I-94, Departure/Arrival Record, and a Form I-797, Notice of Action. This process allows you to submit applications for employment authorization documents (EADs) for 3 years and a social security number (SSN) if you lack one.
Once I Receive Parole, Can I Travel Outside the US and Come Back?
It is unclear if someone with parole can submit an advance parole application, which allows you to leave and re-enter the U.S. You should talk to a lawyer before leaving the country, as traveling can significantly affect your immigration situation.
How Long Does PIP Last, and Is Renewal an Option?
The Family Reunification Task Force grants PIP for three years. Family members already in the U.S. can apply for extensions with USCIS before the three years end, but they must demonstrate a continued need. Future presidential policies could complicate the renewal process for these families.
When Should I Submit My Application for a Green Card?
You should quickly pursue adjustment of status (AOS) after receiving parole. This process helps you acquire a US green card. When you apply for AOS, you could also request work and travel permits. Many applicants may have interviews in the U.S. as part of this process.
Can I Qualify For the PIP Process While at a Removal Proceeding?
If you face deportation or removal proceedings and meet the requirements for parole, you can apply for the PIP process and seek to end your proceedings. 8 CFR section 1003.18(d) allows authorities to close a deportation lawsuit if “the foreign national is a prima facie and qualifies for relief from deportation, lawful status, or naturalization.” Since parole offers relief from deportation, you can have your court proceedings dismissed.
USCIS will look at these factors when deciding on parole for those in an active removal proceeding:
- Age, whether young or advanced.
- Role as a caregiver or parent to a US national child or an elderly parent.
- Duration of stay in the USA.
- Status as a crime victim.
- Physical or mental health issues requiring care.
Am I Still Eligible If I Was Deported From the US?
It varies, and many details are uncertain. You might lose eligibility if you are deported, leave the country, and re-enter without permission. However, if you are in a removal proceeding and received a deportation order or chose to leave voluntarily but did not leave, you might be eligible.
While it is still unclear, you could use the PIP process to your advantage and file a case to reopen your order in an immigration court. It is a complicated process that needs the help of experienced immigration attorneys specializing in deportation and reopening cases.
When assessing if the PIP process can help you gain permanent residency, the USCIS could consider factors such as:
- Poor legal representation or being a fraud victim in immigration matters.
- Your age when the removal/deportation order was issued.
- Other special circumstances.
Find a PIP Immigration Lawyer Near Me
You are not mandated to hire a Parole in Place immigration attorney, but having one can make the process easier when seeking this immigration benefit. A California immigration attorney can assist you at every stage, including supporting you after the approval of your application. Call the California Immigration Attorney at 424-789-8809 to book your consultation today.