Update: New Parole in Place Program for Spouses and Stepchildren of U.S. Citizens Halted by Federal Court
USCIS rolls out new Parole In Place Program
Last week, on Monday, August 19, 2024, USCIS formally rolled out a key component of this administration’s “Keeping Families Together” initiative and began accepting new parole in place (PIP) applications from undocumented spouses and stepchildren of U.S. citizens who entered the United States without inspection. The new PIP application process is significant because it allows qualifying relatives of U.S. citizens to apply for lawful permanent residence without having to leave the United States and risk being subject to a bar that would prevent the individuals from re-entering the United States. This measure was praised by proponents as an important step in promoting family unity within the immigration system and had the potential to impact approximately 500,000 people. Practitioners report that some applications were even approved as quickly as last week in cases where applicants already had biometric data on file with USCIS.
While Federal Court pauses the program for at least 14 days, USCIS will continue to accept applications
However, by Friday, August 23, 2024, Texas and 15 other states had filed a lawsuit challenging the “Keeping Families Together” program and sought a Temporary Restraining Order, Preliminary Injunction and Stay of Action from the U.S. District Court for the Eastern District of Texas. On Monday, August 26, 2024, the Texas federal judge of the Eastern District issued an administrative stay of the PIP program, which halts the program for a period of at least 14 days. During this time, applicants may continue to submit PIP applications, but USCIS will not approve any pending applications. The District Court’s administrative stay order does not affect any applications that were approved before the administrative stay order was issued. The administrative stay could be extended beyond this 14-day period.
Key PIP Requirements that Employers and Foreign Nationals Should Consider
Employers and foreign nationals should consult with immigration counsel before submitting a PIP application. USCIS provides details on the application process and eligibility requirements from its “Keeping Families Together” webpage. Of particular note, an undocumented spouse of a U.S. citizen is only eligible for PIP if they have been continuously physically present in the United States for at least 10 years, since at least June 17, 2014, and have been legally married to a U.S. citizen on or before the program was announced on June 17, 2024. Undocumented stepchildren of a U.S. citizen are also included under this now-paused program if they were under the age of 21 and unmarried on June 17, 2024, and have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before their 18th birthday. All eligible applicants must have no disqualifying criminal history and must undergo background checks. Finally, the decision whether to file a PIP application should also consider the status of the litigation challenging this new rule.
Please reach out to your Pryor Cashman attorney with any specific questions about the impact of this developing news item.
