President Biden’s Announcement: A Step Towards Unity For Immigrant Families

On June 18, 2024, President Joe Biden unveiled a pivotal policy designed to offer “Parole in Place” (PIP) for undocumented spouses of U.S. citizens. This directive marks a monumental step in providing stability and unity to thousands of immigrant families residing within the United States. The policy, as elaborated in a statement by the Department of Homeland Security, aims to halt the deportation of spouses of U.S. citizens, possibly allowing them to apply for work permits and, in time, adjust their status to lawful permanent residents.

What Is Parole In Place (PIP)?

Parole in Place is a discretionary relief mechanism extended by the U.S. Citizenship and Immigration Services (USCIS) to undocumented individuals with close family ties to U.S. military members or veterans. This relief permits these individuals to remain in the United States without the looming threat of deportation and to apply for a green card without needing to leave the country. Under President Biden’s new directive, this policy’s scope now includes spouses of U.S. citizens, thus allowing them to stay in the United States while they work on adjusting their immigration status.

Advantages For Spouses of U.S. Citizens

The extension of Biden’s Parole in Place to spouses of U.S. citizens brings forth numerous benefits:

Legal Stay: Eligible individuals are granted the legal right to remain in the United States while their application processes.
Work Authorization: They may be permitted to apply for work permits after the Parole in Place is approved, enabling them to financially support their families.
Path To Permanent Residency: The process of obtaining a green card is facilitated without necessitating their departure from the country.

Long-Term Implications For Families

This policy serves a dual purpose by not only preventing family separations but also fostering economic stability and social integration for immigrant families. By allowing spouses to work legally, it significantly enhances their ability to contribute economically to their families and local communities. Furthermore, it provides immense emotional and psychological relief to families who have lived under the constant fear of deportation, knowing they can now secure a more stable and predictable future.

President Biden’s announcement is a transformative step towards addressing the complexities faced by immigrant families. The extension of Parole in Place to the spouses of U.S. citizens underscores the administration’s commitment to humane immigration policies that recognize the importance of family unity and economic contribution. By implementing this policy, the government acknowledges the integral role these families play in the fabric of American society and provides them with a tangible path toward stability and integration.

Board-Certified Lawyer for Immigration: Alfredo Lozano of Lozano Law Firm

As a first-generation American, Alfredo Lozano, a board-certified immigration lawyer, and founder of Lozano Law Firm, has a deep connection with the immigrant community in the United States. At Lozano Law Firm, we serve the communities of San Antonio, Eagle Pass, Laredo and San Angelo in Texas, with professional legal representation, using our skill and knowledge to create immigration solutions for individuals, families, and corporations.

When dealing with complex immigration policies like Parole in Place, it is crucial to seek expert legal assistance. As attorneys specializing in immigration and nationality law, you can feel confident that we have extensive experience in handling PIP cases. Our expertise ensures that clients receive the best possible representation and guidance throughout the application process. With a proven track record of successful cases, Lozano Law Firm is well-equipped to navigate the intricacies of immigration law. To schedule your first case consultation, call us today at (210) 899-2290.

Eligibility Criteria For Parole In Place

Who Is Eligible?

To qualify for Parole in Place (PIP) under the new directive issued by President Biden’s administration, applicants must meet specific criteria. Firstly, the applicant must be the spouse of a U.S. citizen. This relationship is fundamental and must be clearly established through official documentation. Additionally, the applicant must have entered the United States without inspection, indicating that they did not go through the formal admission process at a port of entry. Lastly, the applicant must not have a serious criminal record. Any history of significant criminal activity will disqualify the applicant from eligibility under this provision.

**If you want help to be able to locate, request, and organize your evidence which will be the FOUNDATION of your Parole in Place application we have a created a Get Ready Packet,
click HERE: www.ParoleInPlace2024.com

**If you are Ready to Start Your Parole In Place application, call and speak to
our PIP Team at 830-971-0144

Required Documentation & Forms

Applicants seeking Parole in Place must submit a series supporting documents. Proof of marriage to a U.S. citizen is required, such as a marriage certificate. Evidence of the spouse’s U.S. citizenship must also be provided, which can include a birth certificate or naturalization certificate. Furthermore, applicants must submit documentation to establish continued physical presence in the United States for at least 10 years, as of June 17, 2024.

Evidence & Supporting Documents

Providing comprehensive and accurate supporting documents is crucial to strengthening the PIP application. Applicants are encouraged to include affidavits from family members, community leaders, or employers. These affidavits should attest to the applicant’s character and their ties to the community. Additional evidence that can be submitted includes documentation demonstrating the applicant’s good moral character and their integration into the community. Such evidence may encompass employment records, letters of support, and any other pertinent information that showcases the applicant’s positive contributions and stable life in the U.S.

Benefits Of PIP Provision

Benefits For Families

The Parole in Place provision offers significant benefits to families, serving as a crucial mechanism to prevent family separation. By allowing spouses to remain in the U.S., PIP helps keep families united, which is vital for the emotional and social well-being of all members involved. Moreover, the ability to work legally under PIP contributes to the economic stability of the family. Legal employment opportunities enable families to achieve financial security and support themselves effectively. Additionally, the reduction in the fear of deportation that comes with PIP alleviates stress and anxiety, promoting the overall emotional well-being of the family unit.

Prevention Of Consequences

Without PIP, many families face the devastating consequences of separation and financial hardship. The psychological impact of living in constant fear of deportation can be severe, affecting both the individual and their family members. PIP mitigates these risks by providing a legal avenue for spouses to remain in the U.S. while their status is adjusted. This legal provision is essential in fostering a sense of security and stability, enabling families to thrive without the looming threat of separation or economic uncertainty.

Timeline Of The Process

While going through the application process, it’s essential to set realistic expectations regarding the timeline for response and review by the USCIS. The application review process might take several months to complete and, in some cases, even longer.

Having an experienced immigration attorney during this process is very important. They can also guide you with the timelines and help you stay informed about the progress of your application.

Your lawyer can provide insights on effectively dealing with delays or issues, helping you address any challenges throughout the process. They can also help you determine other evidence and supporting documents for your application.

How An Attorney Can Increase The Odds Of A Successful Application

Hiring an experienced immigration attorney like Alfredo Lozano can significantly increase the chances of a successful application. An attorney can:

Ensure all forms are accurately completed and submitted on time.
Help gather and organize supporting documents.
Prepare clients for potential interviews
Provide ongoing legal support and representation throughout the process.

How Can Spouses Of U.S. Citizens Obtain PIP?

To prepare for Parole in Place, spouses of U.S. citizens should visit https://www.pip.abogadolozano.com/

Overcoming Obstacles with Legal Assistance

Legal representation is vital for navigating any potential obstacles during the application process. These can include incomplete applications, missing documents, or issues during the biometrics or interview stages. An attorney can provide precise guidance, ensuring every aspect of the application is handled correctly and minimizing the likelihood of delays or denials.

Can You Work Legally In the United States If You Obtain PIP?

Work Authorization

USCIS has not yet determined if individuals who receive Parole in Place will be eligible to apply for work authorization in the United States.

Documentation Needed & Process

The process for obtaining work authorization includes:

Filing Form I-765: Applicants must accurately complete and submit Form I-765, ensuring that all necessary documentation is included with the submission. It is crucial to double-check that all required information is provided to avoid any delays in processing.
Processing Time: Upon submission, the United States Citizenship and Immigration Services (USCIS) will begin processing the application. This processing period can extend over several months, during which the applicant should regularly check the status of their application and be prepared to provide any additional information or documentation if requested by USCIS.
Receipt Of Employment Authorization Document (EAD): Once the application is approved, the applicant will receive an Employment Authorization Document (EAD). This document is essential as it legally authorizes the individual to work in the United States. The EAD must be kept secure and presented to employers as proof of work authorization.

Summary

President Biden’s recent policy announcement concerning Parole in Place for spouses of U.S. citizens represents a significant development in immigration policy. This initiative is designed to help unite immigrant families by offering them greater stability and support. The policy provides several substantial benefits, including:

Legal Stay: Spouses of U.S. citizens who qualify for Parole in Place are granted legal permission to stay in the country. This legal status is pivotal for ensuring that families can remain together without the threat of separation due to immigration enforcement actions.
Work Authorization: Individuals may be able to obtain work authorization after the Parole in Place is approved. This authorization is crucial for integrating into the community and contributing economically.
Path To Permanent Residency: Parole in Place offers a clearer route to obtaining permanent residency, which can eventually lead to U.S. citizenship. This path provides long-term security and stability for immigrant families, enabling them to plan for their future with confidence.

Given the complexities inherent in immigration processes, it is highly recommended to seek the expertise of a qualified immigration attorney. Alfredo Lozano, a board-certified immigration attorney, offers valuable guidance and comprehensive support through every stage of the process.

If you or someone you know meets the eligibility criteria for Parole in Place, it is important to take prompt action. The Lozano Law Firm stands ready to provide the professional legal assistance necessary to navigate this intricate process. With an in-depth understanding of immigration law and a dedicated commitment to helping clients achieve their immigration goals, Alfredo Lozano and his team are well-equipped to assist you.

Contact the Lozano Law Firm today to ensure that you receive the knowledgeable and reliable support needed to successfully obtain work authorization and secure your family’s future in the United States.

Updates: Key Questions & Answers

When will the process start?

USCIS will soon publish a Federal Register Notice to implement this process, explain the application process, and provide additional guidance on requirements to be considered for parole in place. This notice will explain what forms to file, the associated filing fees, any required documentation, and supporting evidence that will be needed to request parole in place. The application process is expected to begin later this summer.

What happens if I apply to USCIS prior to the start date of the process?

USCIS will reject any filings received before the date when the application process begins. This includes applications filed through our paper and electronic filing processes as well as requests submitted in person at our offices.

What will be the duration of parole? What happens when it ends?

Under this process, a qualifying individual may be granted parole on a case-by-case basis for up to three years. This period provides an opportunity for eligible spouses of U.S. citizens granted parole to file a Form I-485, Application to Register Permanent Residence or Adjust Status (and concurrent Form I-130, Petition for Alien Relative, if applicable). At the conclusion of the parole period, USCIS anticipates that these individuals will have either a pending adjustment application or final adjustment adjudication completed.

Application Process

What can I do now to prepare my application before the process begins?

Individuals should wait for additional information to be issued, including the date on which the process begins, when applications will be accepted, and what forms to use to apply for parole. Until then, individuals may consider preparing by gathering evidence, including:

Documentation to establish that the noncitizen has been continuously present in the United States for at least 10 years as of June 17, 2024;
Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024; and
Evidence of additional favorable discretionary factors that the applicant would like USCIS to consider.
Those who are interested in this process should also consider opening or updating their myUSCIS account at https://my.uscis.gov.

Will I need to submit my biometrics?

Applicants must submit certain biographic and biometric information to USCIS for screening and vetting purposes. More information about the biometrics collection process will be provided in the forthcoming Federal Register Notice and other guidance to follow.

Will the parole application be available for filing online, on paper, or both?

Further filing instructions will be available in the near term.

Fees

What is the fee for applying for parole under the process?

Information regarding the form to use and associated filing fees will be detailed in the forthcoming Federal Register Notice.

Can the fee be waived?

USCIS will provide future guidance about the application process, including filing fees, for individuals seeking parole under this process.

Questions Related To Potential Beneficiaries

I was lawfully admitted to the United States on a nonimmigrant visa but overstayed my period of authorized stay. Am I eligible for parole in place under the process?

No. By law, parole is only available to noncitizens who are “applicants for admission” under Section 235(a) of the INA, 8 U.S.C. § 1225(a). Therefore, parole in place under this process may be granted only to certain individuals who are present in the United States without admission. This process is not available to those who were previously lawfully admitted to the United States. However, an individual may be eligible to apply for adjustment of status to that of lawful permanent resident (LPR) without parole in place if previously lawfully admitted and applying as an immediate relative of a U.S. citizen.

If I am in removal proceedings that are pending before an immigration judge, am I eligible for this process? Who will decide my parole application?

Noncitizens in removal proceedings may apply for parole in place under this process before USCIS if they otherwise qualify under this process. USCIS will weigh, on a case-by-case basis, the existence and circumstances of the removal proceedings, as well as the applicant’s positive equities, in determining whether to grant parole in place. However, a noncitizen who is in removal proceedings because they are an enforcement priority under the Guidelines for the Enforcement of Civil Immigration Law, issued by Secretary Mayorkas in September 2021, will be disqualified from receiving parole in place pursuant to this process.

If my parole request is pending and I am encountered by CBP or ICE, will I be placed into removal proceedings?

The Guidelines for the Enforcement of Civil Immigration Law direct the Department to focus its limited resources on noncitizens who pose a threat to our national security, public safety, or border security. The Guidelines remain in effect. An application under this process does not prevent CBP or ICE from taking enforcement action against an individual when otherwise appropriate under applicable law and policy. CBP and ICE reserve the discretion to place these noncitizens in removal proceedings.

If USCIS denies my application for parole, will I be placed in removal proceedings?

If USCIS denies a request for parole, USCIS maintains discretion to issue a Notice to Appear (NTA) or refer the case to ICE for possible enforcement action consistent with the Guidelines for the Enforcement of Civil Immigration Law issued by Secretary Mayorkas on September 30, 2021.

If I have criminal history, can I apply for parole under this process?

All applicants will undergo national security and public safety vetting as part of this process. Those who pose a threat to national security or public safety will be disqualified from this process and, where appropriate, may be referred for law enforcement action. Noncitizens who pose a threat to national security or public safety will not be eligible for this process, as aligned with our immigration enforcement priorities. If a noncitizen poses a threat to national security or public safety, DHS will detain, remove, or refer them to other federal agencies for further vetting, investigation, or prosecution as appropriate.

Disqualifying criminal history includes criminal convictions that are likely to render the individual statutorily ineligible for adjustment of status, as well as convictions that do not render noncitizens statutorily ineligible for adjustment of status but nevertheless warrant their disqualification from this process in the exercise of discretion. Further guidance on this topic is forthcoming.

Can the undocumented child of a noncitizen spouse covered by this policy also be considered for a grant of parole in place under the process?

Noncitizen children of potential requestors may be considered for parole in place under this process along with their noncitizen parent, if the child is physically present in the United States without admission or parole as of June 17, 2024 and has a qualifying stepchild relationship to a U.S. citizen as of that date. To qualify as a stepchild under the Immigration and Nationality Act, the noncitizen child must be unmarried, under the age of 21, and the marriage of their noncitizen parent and U.S. citizen stepparent must have taken place prior to the child’s 18th birthday. Further guidance on this topic is forthcoming.

Employment Authorization

If I am approved for parole, when can I apply for an employment authorization document (EAD)? Can I apply for an EAD at the same time as when I apply for parole?

An individual who is granted parole is immediately eligible to apply for an EAD from USCIS and can do so by submitting a completed Form I-765, Application for Employment Authorization, using the (c)(11) category code. Further information about the process to apply for an EAD will be included in the forthcoming Federal Register Notice.

How long will it take to receive a decision on my employment authorization application?

Application processing times vary. USCIS has several tools that individuals can use to request information about their applications submitted to the agency, including the Case Status Online tool.

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