Parole in Place program is a blessing for several undocumented noncitizens who would otherwise have to leave the United States to obtain immigrant visa based on their marriage to United States Citizen ("USC") spouse.
Why Do People Have to Leave the United States to Obtain Marriage Based Immigrant Visa?
People who are married to USC spouses or green card spouses are eligible for marriage based immigration benefit (i.e., immigrant visa and green card) unless they are subject to inadmissibility grounds (topic for another day). People who enter the United States after an inspection or are paroled into the United States will receive an admission which is usually documented on a form and now known as an I-94. This I-94 is a record of entries and departures and has its own unique number assigned to it.
People who were issued I-94 (whether admitted after inspection or paroled into the United States--if even they attempted to enter illegally) will be eligible for marriage based adjustment of status if their spouse is a green card holder or an USC. This adjustment of status allows individuals with an I-94 to adjust their status within the United States without having to leave the United States. In other words, absent any inadmissibility grounds or bars, people with an I-94 who are married to a green card holder spouse or an USC spouse will get their green card within the United States and they will not have to go through consular processing abroad in their home country.
Adjustment, however, is available only to those who were either admitted or paroled. People who entered illegal and were not paroled do not qualify for adjustment of status within the United States even if they are married to a green card holder spouse or an USC spouse. Thus, even if they have an approved marriage based petition, they will still have to exit the country and go through consular processing in their home country.
The problem with consular processing in one's home country may require several waivers that must be approved before an immigrant visa can be issued such as unlawful presence waiver or other inadmissibility ground waivers. This takes time and may require the individual to spent several years before receiving a visa resulting in family separation. As the Supreme Court ruled in Department of State et al, v. Munoz et al., (23-334), consulate has broad discretion to deny or grant visas even if one qualifies and their actions are not subject to judicial review.
As in Munoz et al., leaving the country to go through consular processing could mean indefinite family separation.
Parole in Place: Green Through Marriage without Leaving the United States.
In light of the harsh penalties of consular processing, Parole in Place ("PIP") comes as a blessing. Under PIP, anyone who (1) entered the country illegally (without admission or parole); (2) has lived continuously in the United States for ten years or since June 17, 2014; (3) is married to a United States Citizen on or before June 17, 2024; (4) has no disqualifying criminal history and otherwise is not deemed to be a threat to public safety, national security, or border security; and (5) submits biometrics (fingerprints) and undergoes required background checks and national security and public safety vetting is eligible for the discretionary grant of parole.
A person who is approved through PIP will be issued a parole which will be documented via I-94 or a similar instrument. This parole then open doors to adjustment of status within the United States without having to leave the United States.
The blessing of PIP is limited however. Under regular adjustment of status for those with admission or parole (apart from PIP parole) can adjust their status within the United Status even if their spouse is a green card holder. Under PIP, however, adjustment is only allowed to those who are married to a USC spouse and their spouse must be a U.S. Citizen on or before June 17, 2024. If someone's spouse became citizen on June 18, 2024, they will not qualify for PIP.
When to apply for Adjustment of Status ("AOS") after PIP Grant?
Upon receiving PIP grant, a person can and should apply for AOS immediately. There is no waiting period. The moment PIP grant is available, people should immediately file their AOS applications to receive their green card.
Work Permit under PIP
People who receive PIP grant can also apply for work permits. People, after receiving their PIP, should immediately file for work permit applications. People can concurrently or simultaneously file their AOS and work permit applications.
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Inderraj Singh, Esq., an experienced Immigration Attorney in California, is here to help you and your loved ones get the protections you need and the freedoms enjoyed by everyone else in the United States. Contact us either using our online form or by calling us at 661-599-8884 to schedule a free case assessment. We are here to get you the help you need.
The Singh Law Office—a California Immigration lawyer—can help you protect your important immigration rights before the Court. Inderraj Singh, Esq., aggressively fights for his clients and successfully appeared in immigration courts to protect the interests of his immigrant clients.
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