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.
The USCIS Military Parole in Place Program Can Help You Understand What to Expect From Biden’s PIP Program Later this Summer
There have been a lot of immigration announcements over the past few weeks. Former President Trump recently announced that if he wins the election in November he would like to automatically grant students who graduate from U.S. colleges and universities a green card. Before that, the Biden administration announced a new parole in place (PIP) program that will create a pathway to green cards and citizenship for certain undocumented spouses (and stepchildren) of U.S. Citizens. These developments can be a lot to follow, but don’t worry we have got you covered. You can research and compare the approaches from Trump and Biden by reading this previous article.
Whether you prefer former President Trump or President Biden’s approach there is no denying that the upcoming Biden PIP program represents an exciting and impactful opportunity for immigrants to strengthen the unity of their families. And we want to provide you with as much information as we can to help you navigate the Biden administration’s PIP application process when it becomes available.
Biden PIP Program Eligibility
Previously, we published articles that discuss what we know about the Biden program so far and what types of evidence USCIS will probably be looking for from applicants to prove their eligibility. If you have not yet read those articles, feel free to catch up with us. In the meantime, here is a quick list of what we know the eligibility requirements will be for the Biden PIP program based on the best information available from USCIS right now:
- Current Presence in the United States Without Admission or Parole: You must currently be in the U.S. without having been formally admitted or paroled into the country.
- Continuous Presence in the United States for at Least 10 Years as of June 17, 2024: You must have lived in the U.S. continuously for at least 10 years by June 17, 2024.
- Legally Valid Marriage to a U.S. Citizen or Qualifying Stepchild of a U.S. Citizen as of June 17, 2024: You must be married to a U.S. citizen or be a qualifying stepchild of a U.S. citizen as of this date.
- No Disqualifying Criminal History or Threat to National Security/Public Safety: You must have a clean criminal record and pose no threat to national security or public safety.
Now, let’s compare the USCIS military PIP program with what we know about the Biden administration’s recently announced effort to establish a PIP program for certain undocumented individuals with a qualifying relationship with a U.S. citizen.
Military PIP Program vs. Biden PIP Program Comparison Chart
In our earlier article we suggested that the current military PIP program may be the best example of what the Biden administration’s new PIP program might look like. Below, we have provided a comparison chart so you can more easily understand the differences of the two programs and better anticipate what the Biden PIP program will look like when more details are released later this year (hopefully this summer).
| Question About PIP | Military Parole in Place Program | Biden Parole in Place Program |
| Is there a required length of residence in the United States? | No. There is no residency requirement for military PIP | Yes. Spouses of U.S. Citizens need 10 years of continuous residence as of June 17, 2024.For stepchildren, we do not yet know if there will be a residence requirement. |
| What type of relationships to a U.S. citizen qualify? | Spouses, children, and parents of a U.S. citizen or lawful permanent residents U.S. service member (active-duty, veteran, or select reserve of the ready reserve) qualify. | Spouses and children (including stepchildren) of U.S. Citizens only. The spouse and children must have a qualifying relationship as of June 17, 2024.(Today it is unclear if standalone stepchildren will be able to apply independently, or if stepchildren will be able to apply only after a parent receives PIP first.) |
| By what date must an applicant be married to a US Citizen to qualify? | There is no deadline for when a qualifying relationship must be established to apply for military PIP. | The marriage must have happened on or before June 17, 2024. |
| What is the time period to apply for adjustment of status once parole is issued? | There is no defined time-period to apply for adjustment of status after receiving military PIP approval. However, best practice is to apply within one-year of approval. | According to the information available today, successful Biden PIP applicants will have 3 years to adjust status. |
| What are the fees to apply? | There are no fees to apply for military PIP. | There will be an application fee, but details have not yet been released. |
| Is employment authorization available? | Yes. | Yes. Successful applicants will qualify for 3 years of employment authorization. |
| Is favorable exercise of discretion by USCIS required? | Yes. USCIS must exercise favorable prosecutorial discretion. | Yes. USCIS must exercise favorable prosecutorial discretion. |
| Can applicants apply if they are in removal proceedings? | No. Military PIP applicants in removal proceedings must first obtain prosecutorial discretion before applying. | Yes, but only if they are not an enforcement priority as determined by law enforcement agencies. |
**The above chart is based on the most current information available about the above discussed programs as of June 27, 2024. As more details are released program qualifications and eligibility requirements may change.**
What does this mean for immigrants?
Right now, USCIS has not released many details about the Biden administration’s PIP process. As more information becomes available we will definitely share it with you. In the meantime, it is a good idea for immigrant’s who think they might want to apply for PIP to anticipate what this program might look like once it is up and running. The military PIP program is probably the best example available. Additionally, if you think you might want to apply for PIP later this summer when the application process opens up, be sure to start collecting your supporting documents now so that you are positioned to act quickly and put your best foot forward. To help you with that we put together a list of supporting documents you will want to have ready to prove your eligibility.
We’re happy you’re here – and 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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