On June 18th of this year, President Biden introduced a Parole-in-Place (PIP) program under the Keeping Families Together initiative that allowed undocumented spouses and stepchildren of United States citizens, if otherwise eligible, to apply for lawful permanent residence in the U.S. without leaving the country. Such persons would have been allowed a three-year period to apply for permanent residence in the United States without fear of removal and would have been permitted to remain with their families in the United States and be eligible for a grant of work authorization for up to three years. This program was described in our Alert of the same date.
A federal court in Texas issued on November 7, 2024, a declaratory judgment and permanent injunction against this program, effectively making it unlawful. United States Citizenship and Immigration Services (USCIS) subsequently announced that it will abide by the injunction by ceasing to accept and process applications under the program. Specifically, USCIS will no longer accept new PIP applications on Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, which was filed online through a MyUSCIS account. Pending Form I-131F applications will not be adjudicated. PIP applicants with a scheduled biometrics appointment in support of a pending Form I-131F should consider the appointment cancelled. Applicants who appear for a biometrics appointment will not be served.
The federal court injunction did not address the PIP program’s companion measure, also announced on June 18th, 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. This program should be considered to be in effect still.
T&S Takeaway
The Biden PIP program is now void and can be revived only by a successful appeal by the lame-duck Biden administration before January 20, 2025. Even if such an appeal is filed, it is probable that a federal court will not allow USCIS to accept new applications in the interim. It is also probable that the new presidential administration will withdraw the appeal as soon as it takes office. There has been no indication that the current administration plans such an appeal and there will certainly be no initiative to reintroduce the program or a similar program under the new presidential administration.
