New Parole-in-Place-Program: What It Means for Mixed-Status Families

Published: August 6, 2024

Are you a part of a mixed-status family? Households with varying types of legal status are classified as mixed-status families. A prevalent scenario involves undocumented parents and children who are US citizens by birth. For instance, approximately 16.7 million individuals live in the same household with at least one undocumented family member in the US.

Mixed-status families are a long-standing reality in the country. Yet, they remain in a difficult predicament with undocumented family members facing limited employment opportunities and living in constant fear of deportation. Likewise, the threat of immigration enforcement policies often discourages these families from enrolling their children in safety net programs even when they qualify.

Reluctance to seek such benefits typically stems from the fear that any interaction with the government official will result in the deportation of undocumented family members. Each new wave of immigration raids and deportations further fuels this anxiety. But the recent parole-in-place program can serve as a glimmer of hope for countless mixed-status families across the country.

Here, we’ll walk you through how the newly expanded parole-in-place process works and what it means for undocumented spouses and children of mixed-status families.

Overview of the Current Parole-in-Place Program

To live legally in the US, you need a specific visa or immigration status. Various types of visas and ways to gain status in the country exist, each with strict requirements and limits on the number of qualified people.

In addition, Section 212(d)(5)(A) of the Immigration and Nationality Act (INA) authorizes the Secretary of the Department of Homeland Security (DHS) to grant parole to foreign nationals seeking admission to the US on a case-by-case basis.

However, that’s only possible in cases where urgent humanitarian reasons or significant public benefits are present and where the individual is eligible for the discretion. It’s worth noting that the parole authority is broad, allowing the government to exercise its power over various groups.

Specifically, under the parole in place (PIP) program, undocumented family members of US military personnel, veterans, and enlistees can obtain temporary permission to stay in the country. It grants military families temporary legal status, work authorization, and protection from deportation. With these benefits, service members can focus on their duties without worrying about the potential deportation of family members who lack immigration status in the US.

While PIP extends beyond this category, the United States Citizenship and Immigration Services (USCIS) has strict parameters on the program and who qualifies for the benefit. No wonder most of the program’s recipients are the immediate relatives of US Armed Forces members.

How the Newly Expanded Parole-in-Place Policy Works

The government announced a new policy to expand the current PIP procedures and make them available to non-military families.

As part of a more significant immigration reform effort, these changes seek to reverse strict policies, helping address the complex issue impacting millions of mixed-status families. The updated policy will enable qualified non-citizen spouses and children of non-military families to apply for green cards and eventually become US citizens without leaving the US.

That’s different from the existing rules that typically require people to return to their home countries to obtain permanent residence. Thus, instead of departing and risking a bar to re-entry, they can request and be granted PIP right here in the US.

Key Benefits for Mixed-Status Families

According to DHS, around 500,000 non-citizen spouses of US citizens could qualify for the new process. Additionally, an estimated 50,000 non-citizen children of these spouses, aged younger than 21, are eligible to seek parole under the expanded program.

In the past, these individuals commonly faced severe penalties and prolonged separation from loved ones to modify their status. But under the newly expanded PIP policy, countless mixed-status American families across the country can obtain relief, stability, and peace of mind.

When granted PIP, qualified members of mixed-status families enjoy several key benefits. They will receive temporary protection from deportation and official permits to work in the US for three years.

This ability to work legally and apply for status adjustments without leaving the country can help undocumented family members avoid re-entry bars. Moreover, it will minimize disruptions and keep mixed-status families together while securing education, career, and stability through lawful permanent residency in the US.

Eligibility and Application Process for the New PIP Program

Please be aware that the new PIP program may not be available for everyone. Officials will grant parole on a case-by-basis and there will be comprehensive background checks to ensure security and compliance. According to the announcement, applicants must meet the following requirements to obtain parole under the new process:

• Be already legally married to a US citizen up until June 17, 2024
• Have entered the country without admission or parole
• Continuously living in the country for a minimum of 10 years as of June 17, 2024
• Present no danger to public safety or national security
• Have no record of disqualifying criminal offense
• Deserve a favorable exercise of discretion

It’s crucial to note that non-citizen children of qualified spouses can apply under this process if they are physically present in the US without admission or parole. They must also have a qualifying stepchild relationship as of the specified date in the INA.

Applicants must provide supporting documentation, along with the completed application form and payment fee, to prove eligibility for the newly expanded program. However, note that applications for the newly expanded PIP will begin on August 19, 2024. USCIS will reject any filings or individual requests submitted before this date.

Actions You Can Take Now

Navigating the new parole in place process can be complex. While awaiting detailed application procedures and guidelines in the Federal Register notice, seeking legal consultation is essential to determine eligibility for the new program. We at ALG Lawyers, Los Angeles Immigration Lawyers, are here to help and keep you informed. With years of experience, we understand the intricate details of immigration law and its impact, particularly on mixed-status families and those with a history of immigration issues. Thus, it’s imperative to ensure you get proper legal information and guidance on the process. Connect with our law firm today to discuss your immigration needs and how we can further guide you.