On 6/18/2024, the Department of Homeland Security (DHS) announced that it will be implementing a new program, Keeping Families Together, a process where undocumented non-citizen spouses and stepchildren of U.S. citizen (USC) may apply for parole in place (PIP).
Currently, there are around 500,000 undocumented spouses of USC who can’t apply for a green card unless they leave the U.S. and apply abroad, risking yearslong, or even permanent, separation from their families. With the PIP option, they need not leave the U.S. Usually these undocumented spouses of USC entered the US without inspection (EWI), disqualifying them from directly applying for a green card.
To qualify, a non-citizen spouse of a USC must:
· Be present in the US without admission or parole;
· Have been continuously physically present in the US for at least 10 years as of 6/17/2024 ,
· Have a legally valid marriage to a USC as of 6/17/2024,
· Have no disqualifying criminal history and otherwise constitute as a threat to public safety, or national security, and
· Submit biometrics and undergo required background checks and national security and public safety vetting.
On the other hand, a noncitizen stepchild of a U.S. citizen must:
· Have been under the age of 21 and unmarried on 6/17/2024,
· Be present in the United States without admission or parole;
· Have been continuously physically present in the US since at least 6/17/2024,
· Have a noncitizen parent who entered into a legally valid marriage with a USC on or 6/17/2024 and before his 18th birthday,
· Have no disqualifying criminal history and otherwise constitute a threat to public safety or national security, and
· Submit biometrics and undergo required background checks and national security and public safety vetting.
PIP, in and of itself, does not grant the applicant a green card. An approved PIP provides a three (3) years protection from removal and the ability to file an employment authorization document (EAD). However, with an approved PIP, the USC or any family member can later petition them for adjustment of status (green card).
Update:
Sixteen (16) states led by Texas filed a suit on 8/23/2024 with the United States District Court, Eastern District of Texas seeking to end (PIP). (State of Texas et al., Plaintiffs, v. United States Department of Homeland Security et al., No. 6:24-cv-00306)
On 8/26/2024, U.S. District Court Judge Barker issued an administrative stay for 14-days (extendable for “good cause) prohibiting
DHS from approving PIP applications. However, DHS announced that it will continue to accept PIP applications while the case is pending.
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