On November 7, 2024, a federal district court in Texas struck down the Biden Administration’s Keeping Families Together parole in place program. The ruling comes after the court’s earlier temporary halt to the program. The Biden Administration may appeal the decision. We will provide an update once more information is available.
On June 18, 2024, the Biden administration announced exciting new immigration policies to promote family unity in the immigration process and to help individuals educated in the US use their education and skills to further benefit the US economy.
Specifically, new changes will be made to current Parole in Place (PIP) policies. These changes will help to provide new paths to legal status and potentially even citizenship for certain undocumented immigrants who are currently married to US citizens and meet eligibility criteria. Noncitizen children of potential requestors may also be considered for parole under these changes too.
In addition, another policy change was announced, indicating that the administration will do more to facilitate the employment visa process. These changes are said to include DACA recipients and other dreamers as long as they have earned a degree at an accredited US institution of higher education, potentially offering them new paths to legal permanent residency and citizenship.
These changes are still in the early stages. More information will be released in the coming weeks.
What is Parole In Place?
The PIP policy change announced today by the Biden Administration will allow some undocumented relatives of US Citizens to “parole in place.” Parole refers to a part of the Immigration Nationality Act that allows certain undocumented noncitizens to lawfully enter the US or remain in the country while applying for lawful admission.
Previously, though noncitizens married to US citizens were eligible to file for permanent residence, many were required to leave the United States for the duration of the application process, as were some of their noncitizen children. By allowing more of these individuals to apply for parole, this new policy means that they can become eligible for a green card, and eventually citizenship, without having to leave the United States. As a result, these families will not need to be separated during the immigration process.
How Do Non-Immigrant Visas Help Dreamers?
The White House and DHS also announced a relief program for Dreamers – including DACA recipients. Those with degrees from accredited U.S. institutions of higher education and an offer of employment from a U.S. employer related to their degree will have a path to an employment-based nonimmigrant visa – including H-1B and others. Today’s announcement did not include details on the mechanism of the Dreamer relief, but more information is expected soon.
What Does This Mean For You?
USCIS will share more about the specifics of these policy changes and how they will be implemented at a later date.
What we do know at this time is that starting later this summer, eligible applicants can file a Parole application, submit the required documentation proving eligibility, and pay a fee. This process is not quite like the traditional process for applying for a green card, but once eligible Parole applicants are approved, they will receive a new I-94 travel document that will enable them to overcome the legal obstacles that stand in their way of obtaining a green card, and ultimately citizenship.
While we do not yet know all of the details regarding what these policy changes will look like, the government does have similar programs in place today that give us insight into what to expect, even though the evidence required to qualify might be different. If you’re interested, take a look at the military PIP program. This might be the best example to get familiar with details that have not yet been released by USCIS.
Eligibility Requirements
Who exactly will be eligible for the parole in place program is still in development, but what we know now from DHS and USCIS is that you will need to meet the following requirements to apply:
- Current presence in the United States without admission or parole;
- Continuous presence in the United States for at least 10 years as of June 17, 2024;
- Have a legally valid marriage to a U.S. citizen OR be a qualifying stepchild of a U.S. citizen as of June 17, 2024; and
- Have no disqualifying criminal history or otherwise constitute a threat to national security or public safety.
After receiving a PIP application, USCIS will determine on a case-by-case basis whether to grant a request for parole. The agency will consider the potential requestor’s previous immigration history, criminal history, background check results, and other relevant information when making decisions. Based on the information provided by the White House, successful applicants will then have a three-year period to apply for permanent residency.
Impact & History
Many subject-matter experts and immigrant advocacy organizations think this is the right next step to help repair the US immigration system for individuals and families. Some have estimated that approximately 1.1 million undocumented immigrants are married to US spouses. That said, despite the huge benefit to so many people, many expect the Biden administration to encounter legal challenges that could stall these policy changes. Previously, the administration has been challenged over its use of parole, and some lawsuits have stopped other similar policy changes in the past. That being said, similar changes to help refugees from nations like Afghanistan, Haiti, Ukraine, and Venezuela have relied on the same presidential authority to help eligible immigrants lawfully remain in the US.
We’ve Got Your Back
While the policy changes are still in the early stages, we are monitoring USCIS updates and the media so you do not have to. The moment something changes and things become official, we will let you know. Thanks for your interest in SimpleCitizen. We make the immigration process simple. We’re happy you’re here!
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As the government announces more details about these policy changes we’ll keep you updated. Sign-up below to receive emails and helpful information from us as it becomes available.