Immigration Policy Changes Under Biden Administration

On June 18, 2024, President Biden announced sweeping changes to United States Immigration Policies. Under these changes undocumented individuals married to United State citizens will be able to apply for a benefit known as parole in place (PIP) that will allow them to obtain a work permit and will create a pathway to obtain their permanent residency. This policy will also offer protection from deportation for these individuals. This policy became immediately effective and applies to all undocumented individuals who were married to a United States citizen and have been in the United States for at least 10 years as of June 17, 2024.  

Here are some answers to the most common questions asked about this new policy:

What is Parole in Place (PIP)?

Parole in Place is a benefit granted to certain non-citizens, allowing them to temporarily live and work in the United States without fear of being deported. Currently this option is only offered to certain undocumented family members of U.S. military personnel, veterans, and enlistees that are currently in the United States legally. This new policy change would expand this benefit to undocumented individuals who are married to United States citizens.

What are the requirements for the expanded Parole in Place (PIP)?

·       You must be legally married to a United States citizen;

·       You must have lived in the United States for at least 10 years as of June 17, 2024;

·       Had no lawful status entering the United States:

o   You entered the United States without inspection (EWI)

·       Pass a criminal background check and not a threat to national security or public security.

How does USCIS use Discretion in Determining National Security and Public Safety Risks?

USCIS will review the results of background checks to see if the individual poses a national security or public safety risk, and consider other discretionary factors. In assessing public safety risks, an arrest for serious crime is relevant to its exercise of discretion.

If my Application for Parole in Place (PIP) is Approved. What happens next?

If your application for Parole in Place (PIP) is approved, you will be granted a work permit for 3 years. Additionally, you will have protection from deportation. Lastly, once undocumented spouses are approved they will be issued an I-94 admission record.

What Benefits Come with Parole in Place (PIP) and I receive my I-94?

Once the I-94 is received. You are then able to apply for permanent residence by filing an Adjustment of Status Application and obtain your green card. All of this will be done without you having to leave to go back to your home country and consular process.

If you believe that you may be eligible for the expanded Parole in Place (PIP), you should speak with an experienced Immigration Attorney to determine how best to submit your application and to explore any other options you may have. Contact our office by sending an email to: info@ayalaimmigration.com to schedule a consultation.