The Department of Homeland Security (DHS) published today a Federal Register notice that provides instructions on how certain undocumented spouses and stepchildren of US citizens may apply for Parole-in-Place (PIP) under the Keeping Families Together initiative announced by President Biden on June 18th of this year and described in our Alert of the same date. If granted PIP, undocumented spouses and stepchildren of US citizens, if otherwise eligible, may apply for lawful permanent residence in the U.S. without leaving the country.

Persons who are deemed eligible for participation by the DHS will be allowed a three-year period to apply for permanent residence in the United States without fear of removal and will be permitted to remain with their families in the United States and be eligible for a grant of work authorization for up to three years.

Starting today, United States Citizenship and immigration Services (USCIS) will accept PIP applications from eligible individuals. Applicants must file a new application, Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, online through a MyUSCIS account. Paper filings will not be accepted. The filing fee for Form I-131F is $580 and no fee waiver requests will be accepted.

The basic PIP eligibility requirements for undocumented spouses of US citizens are the following:

• He/she must be present in the United States without admission or parole;
• He/she must have been continuously physically present in the United States since at least June 17, 2024, through the date of the filing of the PIP application;
• He/she must have a legally valid marriage to a U.S. citizen on or before June 17, 2024;
• He/she must have no disqualifying criminal history and otherwise not be deemed to be a threat to public safety, national security, or border security; and
• He/she must submit biometrics and undergo required background checks and national security and public safety vetting.

For undocumented stepchildren of US citizens, the PIP requirements are the following:

• He/she must have been under the age of 21 and unmarried on June 17, 2024;
• He/she must be present in the United States without admission or parole;
• He/she must have been continuously physically present in the United States since at least June 17, 2024, through the date of the filing of the PIP application;
• He/she must have a noncitizen parent who entered into a legally valid marriage with a US citizen on or before June 17, 2024, and before his/her 18th birthday;
• He/she must have no disqualifying criminal history and otherwise not be deemed to be a threat to public safety, national security, or border security; and
• He/she must submit biometrics and undergo required background checks and national security and public safety vetting.

USCIS notes that it will review submitted evidence supporting the existence of a legally valid marriage closely in order to uncover instances of marriage fraud.

USCIS has made available online further resources on PIP eligibility criteria, how to apply process, a listing of the types of supporting evidence applicants must submit to establish eligibility; and how file Form I-131F online. These are available on the USCIS Keeping Families Together website page.

DHS has not yet provided any information on the companion measure, also announced on June 18, to  allow undocumented persons, including recipients of the Deferred Action for Childhood Arrivals (DACA) program and other “Dreamers” (generally understood as undocumented persons who arrived in the United States as children, attended school here, and identify as Americans), who have earned a degree from an accredited U.S. college or university in the United States, and who have an offer of “high skilled” employment from a U.S. employer in a field related to their degree, to obtain a nonimmigrant visa status that authorizes employment (such as H-1B status) with less delay.

T&S Takeaway

Although PIP applications will be accepted immediately by USCIS, it is likely that this program will be subject to legal challenges, and it is possible that its implementation may be enjoined by a court.  It is also possible that a new presidential administration may decide to revoke the program next year.  PIP applicants should also be mindful that their applications will necessarily disclose their lack of immigration status to the USCIS and may expose them to penalties, including removal, if their applications are unsuccessful or if the PIP program is terminated.  All such applicants are strongly encouraged to consult with immigration counsel before filing an application.