Oct 21, 2024
Parole in place (PIP) is a humanitarian program that allows undocumented family members of United States citizens to remain in the U.S. temporarily, protecting them from deportation. Initially designed to help military families, the parole in place immigration rule provides eligible individuals with temporary legal status, enabling them to stay in the U.S. while they work toward other immigration benefits, such as applying for a green card or work authorization. The program’s primary goal is to keep families together and offer stability during times of uncertain immigration processes.
Recently, the Biden Administration announced important updates to the PIP program, significantly expanding its scope. Now, undocumented spouses and stepchildren of U.S. citizens are also eligible for parole in place, reflecting ongoing immigration reform news and reinforcing the administration's focus on keeping families united.
The parole in place policy, introduced in 2007 by the Department of Homeland Security, provided relief to immediate family members (spouses, children, and parents) of active-duty U.S. military personnel. The legal authority for this policy is grounded in Section 212(d)(5)(A) of the Immigration and Nationality Act (INA), which gives the Secretary of Homeland Security the discretion to permit individuals who are otherwise inadmissible to remain in the United States for "urgent humanitarian reasons or significant public benefit." PIP specifically allows military families who entered the U.S. without proper documentation to stay in the country, rather than facing deportation, offering much-needed protection to those supporting active service members.
Initially focused on spouses, PIP expanded under the Obama Administration in 2013 to include veterans and reservists' family members, providing a broader scope of relief. While there were discussions during the Trump Administration about reducing or ending the program, it ultimately continued, and Congress supported its continuation in 2020.
In 2024, the Biden Administration announced a significant expansion of PIP. The policy now includes undocumented spouses and stepchildren of U.S. citizens, marking a shift from the program’s original military focus to a broader humanitarian goal.
Now, this policy fits within the larger immigration system as a flexible tool, balancing enforcement with compassion for those partaking in national defense.
The June 2024 announcement significantly expanded parole in place eligibility, offering a lifeline to many undocumented spouses and stepchildren. Before this update, only family members of U.S. military personnel could apply for PIP. Now, undocumented spouses and stepchildren of U.S. citizens can apply for this temporary relief, which protects them from deportation while allowing them to adjust their status without leaving the country.
The changes also mandate that applicants must meet the parole in place requirements, including continuous U.S. residence for at least 10 years. In addition, the applicant must be married to a U.S. citizen by (on or before) June 17, 2024. And finally, individuals are required to submit a parole in place application using the appropriate form (I-131F) which must be submitted online.
On August 23, 2024, Texas, along with 15 other states, filed a lawsuit attempting to block the expanded parole in place immigration program. In response, federal courts issued an order preventing USCIS from approving any parole in place applications, though the court did allow USCIS to continue accepting applications during this period.
On September 4, 2024, the court extended the injunction until September 23, 2024, leaving applicants in a state of uncertainty. Although they could still apply, no approvals would be issued until the legal battle was resolved. This created a legal limbo for applicants awaiting a decision on their parole in place applications.
The Fifth Circuit Court of Appeals is currently reviewing the case, which will determine whether the expanded PIP program can proceed or if it will face further legal challenges. Until then, the future of this expanded program remains uncertain.
The benefits of the parole in place policy are:
The risks of the parole in place policy are:
To apply for Parole in Place, applicants must meet specific eligibility requirements, which differ for military families and for spouses and stepchildren of U.S. citizens under the 2024 expansion.
For military families, the program remains available to immediate family members of active-duty U.S. military personnel, veterans, and reservists. Family members, including spouses, children, and parents, must have entered the U.S. without legal permission and should not have committed serious criminal offenses or violated immigration laws that would disqualify them from receiving parole. The program is designed to grant these family members temporary legal status to prevent deportation, allowing them to stay in the U.S. while working toward legal immigration status.
Under the 2024 expansion, spouses of U.S. citizens must have entered the U.S. without legal permission and must have continuously resided in the country for at least ten years as of June 17, 2024. Additionally, they need to have been married to a U.S. citizen by that same date to qualify for parole in place.
Stepchildren of U.S. citizens have slightly different requirements. To be eligible, stepchildren must have been physically present in the U.S. since at least June 17, 2024, and must be under 21 years of age. Furthermore, the noncitizen parent of the stepchild must have married a U.S. citizen before the June 17, 2024, deadline.
However, not all individuals are eligible for parole in place. Parents of U.S. citizens and spouses of permanent residents do not qualify under the 2024 expansion. Additionally, individuals with serious criminal histories or those who have violated immigration laws—such as reentering the country without inspection—are generally ineligible. It is crucial that applicants meet all the necessary criteria and carefully assess their eligibility to avoid complications in the application process.
The parole in place application process can be complex, especially for clients with criminal records or prior immigration violations. Tackling these challenges requires precision, and immigration lawyers play a critical role in ensuring that every eligibility requirement is met.
Docketwise simplifies this process with its I-131F Smart Form, specifically designed to help immigration lawyers organize and manage PIP applications. The form provides a structured workflow, guiding attorneys step-by-step through the process of collecting essential documentation, including proof of identity, marriage certificates, and evidence of continuous residence. By streamlining document collection, lawyers can ensure applications are accurate, complete, and ready for submission.
In addition to its intuitive forms, Docketwise offers e-filing capabilities, allowing attorneys to submit applications directly to USCIS. This feature minimizes errors, reduces processing delays, and provides clients with a more efficient pathway to relief. With Docketwise’s tools, immigration lawyers can confidently manage even the most challenging PIP cases, offering their clients a smoother and more reliable application experience.
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For immigration lawyers, it is of utmost importance to gather all the necessary documents. Docketwise’s platform can assist you in compiling proof of identity, marriage, or relationship to a U.S. citizen for clients, as well as evidence of their continuous residence in the U.S., such as rent receipts, tax filings, and utility bills.
Using the Docketwise SmartForms feature, you can complete the entire process online without a hitch. The software ensures that no critical information is left out, minimizing delays that can result from incomplete applications and dissatisfied clients. Docketwise’s e-filing feature also allows you to submit the application electronically, streamlining the process and helping your client have a granted parole in place.
An administrative stay can significantly impact the application process for parole in place, causing delays and adding uncertainty for applicants.
When a court issues an administrative stay, it temporarily prevents USCIS from approving applications. However, during this period, applicants can still submit their PIP applications, though they will remain pending until the stay is lifted or further legal decisions are made.
Applicants should continue applying. Submitting the application now can put applicants in a better position once the stay is resolved, allowing for quicker processing when approvals resume.
For spouses and stepchildren of U.S. citizens, the expanded PIP program offers a lifeline of hope and stability. That being said, it remains just as vital for military families, continuing to fulfill its original purpose for active-duty service members, veterans, and reservists.
Right now, there are a lot of challenges—legal battles, delays, and the uncertainty that comes with the process. But even during this difficult time, taking action now by submitting the application could make all the difference. While the courts sort out the legal details, you’ll already be one step ahead and prepared when things move forward again, helping your clients.
At Docketwise, we understand the importance of getting citizenship and immigration services right. Our goal is to power immigration lawyers to help clients with their parole in place application.
Schedule a demo to learn more about how Docketwise could help your firm!
