On August 19, 2024, USCIS began accepting applications for a new immigration program, known as Parole-In-Place. This action will provide a streamlined pathway for foreign nationals who entered the U.S. without a visa and are married to U.S. citizens to potentially apply for a green card without leaving the U.S.
- Applicants who entered without a visa will apply for parole-in-place – a discretionary program that allows for issuance of documentation that the individual has been legally allowed into the U.S.
- Approval is discretionary
- Beneficiaries of this program must have been physically present in the United States since June 17, 2014.
- Spouses must have been legally married to a U.S. citizen on June 17, 2024.
- Children must qualify as a stepchild of the U.S. citizen, meaning that the parents married before the child turned 18 and are currently unmarried and under the age of 21
Applicants must be otherwise eligible for adjustment of status (no permanent bar, no convictions for certain crimes, not a danger to public safety or national security, no previous immigration fraud/misrepresentation, no final order of removal, not currently in removal proceedings). Most people who have entered the U.S. more than once without a visa are subject to a permanent bar and thus, are NOT eligible for adjustment of status. That would make them ineligible for this parole-in-place program.
The following criminal convictions will render an individual ineligible for PIP:
- Any felony
- Domestic Violence, Stalking, Child Abuse, Neglect Abandonment
- Murder, Rape, Sexual Abuse, Aggravated Assault
- Firearms Offenses
- Drug Offenses (other than simple possession of 30 grams or less of marijuana)
- A conviction for any other criminal offense creates a rebuttable presumption that the individual is ineligible. This means that you may be able to provide sufficient evidence of positive, mitigating factors to still have the case approved.
- Individuals who are currently in removal proceedings or who have a final, unexecuted order of removal are eligible for PIP.
Once an individual is approved for parole-in-place, he/she will be eligible to file and immediate relative adjustment of status petition with United States Citizen and Immigration Services (USCIS) – this is an application for a green card
Individuals who are granted PIP will immediately be eligible to apply for employment authorization. However, it is anticipated that most grantees will, instead, apply for adjustment of status (green card) and obtain employment authorization through that process.
There are very specific requirements for this program and instructions must be followed precisely, including filing the online application and providing extensive documentation of eligibility. Additionally, since this program is discretionary, each applicant must prove that he/she deserves approval. This can be accomplished by submitting evidence of good moral character.
The attorneys at the Law Office of Kelli Y. Allen are completely up-to-date on all issues and the process related to this program, and are currently conducting screening calls and in-person consultations. We will continue to monitor USCIS guidance for updates. Consumers are strongly cautioned against consulting non-attorneys who claim to be able to assist applicants with this program, as the potential for fraudulent assistance is high. Please contact the Law Office of Kelli Y. Allen at (704) 870-0340 for additional information.