On June 18, 2024 President Biden announced a new program that will allow certain spouses and children of United States citizens to apply for “parole-in-place" or “PIP” from United States Citizenship and Immigration Services (USCIS). While the concept of PIP is not new, it had traditionally been reserved more for families of military members. Under this expansion of the PIP procedures, potentially a million immigrants and their U.S. Citizen spouse and children will be helped.
While it is already possible for US citizens to apply for their noncitizen spouses to obtain permanent residency, it is not a straightforward and easy process. For example, if the noncitizen entered the US without a visa or was not paroled into the country, they must apply for a “waiver”. The current wait times for a waiver are more than several years. Then, after getting a waiver approved, the noncitizen must travel outside the country to obtain an immigrant visa from a US embassy or consulate.
These obstacles attached to this path have made it difficult and risky for many unauthorized immigrants to receive the legal status they are theoretically eligible for. The Biden administration’s new parole program solves the biggest of these problems. For example, even if the noncitizen already has a pending waiver, they can still apply for PIP and cut down their wait times. If the program itself were to be put on hold or reversed in future, those who have been granted parole under it will still have unlocked a far easier path to become permanent residents of the United States.
In order to qualify, the noncitizen must meet the following criteria:
- Entered the United States without admission or parole and do not currently hold any
- lawful immigrant or nonimmigrant status;
- Have continuously resided in the United States since June 17, 2014;
- Were physically present in the United States and married to a US citizen as of June 17,
- 2024;
- Have not been convicted of any disqualifying criminal offense;
- Do not pose a threat to national security or public safety; and
- Merit a favorable exercise of discretion.
As with all immigration related processes, to receive PIP under the new Biden program, families
will have to submit certain forms and evidence. The Presti Law Firm provides easy access to their attorneys, paralegals, and legal assistants through usage of a portal, making the entire process faster, easier, and ultimately more convenient.
The Presti Law Firm, PLLC is here to help with this process, making it virtually stress free.