At a glance
- The White House and the Department of Homeland Security have announced that starting August 19, eligible applicants will be able to submit applications under the recently announced parole in place (PIP) program for certain undocumented spouses of U.S. citizens.
- Further details on how to apply for the PIP program, including proper forms and fees, are expected in a Federal Register notice in the coming days or weeks.
The issue
Starting August 19, 2024, undocumented spouses of U.S. citizens who qualify for the Biden Administration's new parole in place (PIP) program may begin submitting applications, according to communications issued by the White House and the Department of Homeland Security (DHS). If approved for parole in place, the non-citizen spouses will then be permitted to apply for permanent residence (a green card) within the United States through the adjustment of status process, instead of needing to depart and apply abroad at a U.S. consulate.
In the coming days or weeks, a Federal Register notice will provide further information on the appropriate form, fees, and processes for the PIP program.
Relief for undocumented spouses of U.S. citizens and their children
Undocumented individuals may qualify for the new PIP program if they meet all of the following criteria:
- Present in the United States without admission or parole;
- Have a legally valid marriage to a U.S. citizen as of June 17, 2024;
- Have been continuously present for at least 10 years as of June 17, 2024;
- Have no disqualifying criminal history or national security/public safety concerns; and
- Otherwise merit favorable discretion by DHS.
Spouses who qualify for PIP will be provided up to a three-year period within which they may apply for adjustment of status. During that time, they will be eligible for work authorization and protected from removal.
Certain non-citizen children of PIP spouses may also be eligible for parole in place under the new pathway. To qualify, the children must have been physically present in the United States without admission or parole and have had a qualifying stepchild relationship with the U.S. citizen, both as of June 17, 2024. To qualify as a stepchild under U.S. immigration law, the child must be unmarried and under 21 and must have been under the age of 18 at the time of the marriage that created the stepchild relationship.
Preparing in advance
Though the PIP program does not begin until August 19, potential applicants can begin gathering evidence now so that they may be able to submit their application on or shortly after the program start date. U.S. Citizenship and Immigration Services (USCIS) has released the following non-exhaustive list of suggested evidence for spouses who may qualify under the program:
- Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate;
- Documentation of proof of identity, including expired documents
such as:
- Valid state or country driver's license or identification;
- Birth certificate with photo identification;
- Valid passport; or
- Any government issued document bearing the applicant's name, date of birth, and photo.
- Evidence of spouse's U.S. citizenship, such as a passport, birth certificate or Certificate of Naturalization;
- Documentation to establish continued presence in the United States for at least 10 years, as of June 17, 2024, including documents such as rent receipts, residential records, school records, medical records, financial records, and tax receipts and returns, among others.
For children of PIP spouses, evidence will include documentation establishing:
- the child's relationship to the noncitizen parent such as a birth certificate or adoption decree;
- the noncitizen parent's marriage to the U.S. citizen as of June 17, 2024; and
- the child's presence in the United States as of June 17, 2024.
As noted earlier, USCIS has not yet provided information on the form and fee associated with the new PIP program and will reject any applications submitted before August 19.
What's next
Further details on the PIP program, including form and fee information, are expected to be forthcoming in an official Federal Register notice in the coming days or weeks. Individuals who may be eligible for the program may wish to begin gathering documents in anticipation of the August 19 start date. However, it is important to discuss the risks and benefits of the PIP program with your Fragomen professional. If you or your organization has questions regarding the new program, please reach out to your Fragomen representative. Fragomen is closely tracking Biden Administration programs and will provide detailed information in future alerts.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.