Understanding It's Importance
DHS has established this new process to allow certain noncitizen spouses of U.S. citizens and noncitizen step-children an opportunity for parole which will open the channel for lawful permanent residency.
What is Keeping Families Together - Parole?
DHS is using it’s discretionary authority to allow certain noncitizen spouses and stepchildren of U.S. citizens to apply for parole in place, opening a pathway for lawful permanent residency, without having to be separated from their families by leaving the United States for processing. Noncitizens who are present in the U.S., and who have not been admitted or previous paroled, are now eligible to apply for this parole in place. Those who receive parole are eligible to apply for work authorization for the period of parole. The Federal Registrar has more details on eligibility and exceptions.
Who is eligible…?
Potentially Half a Million Immigrants and Their U.S. Citizen Spouses and Children will be eligible. To receive Parole-In-Place under the new Biden program, families will likely have to submit a new application using a form which has not yet been published. The June 18 announcement anticipates that applications will become available later this summer.
Without the form and accompanying Federal Register notice, the public does not know exactly who will be eligible for the new parole program. However, the June 18, 2024 announcement specified that the new program will be available only to people who:
- Have continuously resided in the United States since June 17, 2014;
- Were physically present in the United States on June 17, 2024;
- Have been legally married to a U.S. citizen as of June 17, 2024;
- Entered the United States without admission or parole and do not currently hold any lawful immigrant or nonimmigrant status;
- 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.
Applicants will need to show documentation showing continuous presence in U.S. for at least 10 years as of June 17, 2024, evidence of a legally valid marriage to a. U.S. citizen as of June 17, 2024 (even if U.S. citizen is now deceased), and evidence of additional favorable discretionary factors.
Benefits of Keeping Families Together:
- Provides Parole In Place: The parole grants ‘admission’ to those individuals who entered the U.S. without permission or without parole. This grant of ‘admission’ allows these individuals to remain in the U.S. without having to depart the country for the ‘admission.’
- Work Authorization: Once granted PIP, beneficiaries can apply for work authorization, enabling them to legally work in the United States.
- Pathway to Permanent Residency: PIP beneficiaries who have been granted parole may become eligible to adjust their status to lawful permanent residents (green card holders), provided they meet all other requirements.
How Legal Defense USA Can Help
Navigating the PIP application process can be complex and overwhelming. At Legal Defense USA, our experienced immigration attorneys are here to guide you through each step. We will help you gather the necessary documentation, submit a complete and compelling application, and ensure you understand your rights and options.
What’s Next?
The Keeping Families Together – Program is accepting applications beginning August 19, 2024. Please contact Legal Defense USA today to understand the process, and all the risks associated with applying for this parole. Our dedicated team is here to help answer all your questions and properly represent you in this new process.
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