If you’re a noncitizen spouse or stepchild of a U.S. citizen, you might be eligible for a discretionary grant of Parole in Place (PIP) under the new Keeping Families Together process. This is an exciting opportunity to obtain a Green Card through Adjustment of Status rather than at a U.S. embassy abroad. However, this process is not straightforward!
Working with an experienced immigration attorney to prepare your PIP case can increase your chances of success. Here’s a comprehensive guide to understanding the eligibility criteria, application process, and what to expect if approved.
LaToya McBean Pompy and her team of experienced immigration lawyers work with clients from across the country and around the world, championing the belief that freedom shouldn’t be delayed. If you need help in obtaining a visa, green card or U.S. citizenship, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of immigration attorneys, who are here to help you.
Who Is Eligible?
Noncitizen Spouses of U.S. Citizens
The new Keeping Families Together process only applies to certain noncitizen spouses of U.S. citizens, their stepchildren and widow(er)s. To be considered for a discretionary grant of Parole in Place as the spouse of a U.S. citizen, you must prove the following:
- Presence in the U.S.: You need to be physically present in the United States without admission or parole.
- Continuous Presence: You need to demonstrate continuous physical presence in the U.S. since at least June 17, 2014, through the date of filing the request.
- Valid Marriage: You must be in legally married to a U.S. citizen on or before June 17, 2024.
- Criminal History: You cannot have a disqualifying criminal history (see below for further details).
- Biometrics and Background Checks: You must submit biometrics and undergo required background checks to ensure you pose no threat to national security or public safety.
For a widower to be eligible for Parole in Place, they must meet the following criteria:
Marriage Status: They must have been legally married to a U.S. citizen at the time of the spouse’s death.
Form I-130 or I-360:
- Form I-130: A Form I-130 petition must have been pending or approved at the time of the U.S. citizen spouse’s death.
- Form I-360: If not, they must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, within two years of the spouse’s death.
- Legal Separation and Remarriage: They must not have been legally separated from the U.S. citizen spouse at the time of the spouse’s death. They must not have remarried since the spouse’s death.
Noncitizen Stepchildren of U.S. Citizens
Stepchildren of U.S. citizens are also eligible. To qualify for Parole in Place, they must prove:
- Presence in the U.S.: Be physically present in the United States without formal admission or parole.
- Parent’s Marriage: Your noncitizen parent must have married a U.S. citizen on or before June 17, 2024, and before your 18th birthday.
- Continuous Presence: Be continuously physically present in the U.S. since June 17, 2024, through the date of filing.
- Criminal History: Have no disqualifying criminal history.
- Biometrics and Background Checks: Submit biometrics and undergo background checks to ensure no threat to national security or public safety.
Application Requirements for the Parole in Place for Spouses of U.S. Citizens
Present in the United States Without Admission or Parole
To qualify, you must be present in the U.S. without formal admission or parole. If you were last admitted with a nonimmigrant visa but overstayed, you are not eligible for Parole in Place. USCIS will assess your continuous physical presence based on available evidence.
Marriage to a U.S. Citizen
For noncitizen spouses, the marriage must be legally valid and have occurred on or before June 17, 2024. Valid marriages are those recognized in the place where they were celebrated, but civil unions, domestic partnerships, and marriages contrary to public policy may not qualify.
A noncitizen widow(er) can apply for immigration benefits if:
- Form I-130 Status: There was a pending or approved Form I-130 filed on their behalf at the time of the U.S. citizen spouse’s death.
- Form I-360 Filing: They must file Form I-360 within two years of the spouse’s death.
- Marital Status: They must not have been legally separated from the U.S. citizen spouse at the time of death and must not have remarried since.
Noncitizen Stepchildren of U.S. Citizen
Stepchildren must have been under 18 at the time their noncitizen parent married the U.S. citizen and must have been continuously present in the U.S. since June 17, 2024. If the marriage ends, the stepchild may still qualify if the initial marriage was valid, and the criteria are met.
Lack of Criminal History, National Security Concerns, Public Safety Concerns or Border Security Concerns
To be eligible for Parole in Place, you must not have a disqualifying criminal history or pose threats to national security, public safety, or border security.
Specific Disqualifying Criminal History:
All felony convictions, including driving under the influence (DUI) offenses, are disqualifying.
Pending criminal charges are disqualifying until resolved. Once resolved, a person may apply for PIP, depending on the nature of the conviction.
Additionally, the below convictions are also disqualifying, regardless of whether the offense is classified as a felony:
- Murder, torture, rape, or sexual abuse
- Firearms, explosive materials, or destructive devices offenses
- Peonage, slavery, involuntary servitude, and trafficking
- Aggravated assault
- Child pornography or exploitation of minors
- Domestic violence, stalking, child abuse, neglect, or abandonment
- Controlled substance offenses (except for simple possession of 30 grams or less of marijuana)
Rebuttable Presumption:
Other criminal convictions lead to a rebuttable presumption of ineligibility. This presumption can be overcome by demonstrating mitigating factors and positive attributes of the requestor. Factors to overcome the presumption include:
- Age of the conviction
- Requestor’s age at the time of the offense
- Sentence imposed
- Evidence of rehabilitation
- Nature and seriousness of the offense
- Whether it was an isolated offense
- Requestor’s vulnerability or status as a victim
- Status as a U.S. military member, caregiver, or contributor to the community
- Length of presence in the U.S.
- Impact on family members
Other criminal convictions lead to a rebuttable presumption of ineligibility. This presumption can be overcome by demonstrating mitigating factors and positive attributes of the requestor. Factors to overcome the presumption include:
Final Removal Orders or Active Removal Proceedings
Individuals with an unexecuted final order of removal are generally ineligible for parole in place but may overcome this presumption with evidence such as lack of notice or extenuating circumstances.
Those who are currently in active removal proceedings may request Parole in Place, but additional steps will be required in order to obtain the benefit.
Filing Requirements and Processing Steps
Form Submission
Submit Form I-131F, Application for Parole in Place, online with the applicable fee ($580). Each requestor must file separately.
Documentation
Form Submission:
- Use Form I-131F for parole in place applications, submitting online with the appropriate fee.
- Provide required documentation including proof of identity, continuous presence, valid marriage, and U.S. citizenship status of the spouse/stepparent.
Biometrics:
- After filing, requestors must provide biometrics for background checks. Failure to do so may result in denial.
Processing:
- Applications are reviewed on a case-by-case basis. Approval depends on showing significant public benefit or urgent humanitarian need. Priority may be given to those who previously filed Form I-601A.
Grant and Conditions:
- If granted, parole is generally for up to three years and may come with conditions. Violating conditions can lead to termination.
Employment Authorization:
- Granted parolees can apply for an Employment Authorization Document (EAD) and may request a fee waiver for Form I-765.
Further Immigration Benefits:
