In typical government fashion, the announcement and roll out of Biden’s parole in place program to “promote the unity and stability of families” (“PIP”) can best be described as a “bass ackwards” – accomplishing the impressive feat of both lacking in crucial detail while at the same time putting the cart well before the horse.
Much to the chagrin of immigration practitioners, the administration somehow thought it wise to announce a date whereby it would begin accepting applications, without so much as laying out which application forms would be filed and/or defining any crucial legal terms or requirements. While we understand that everyone would like to have their application ready for filing on August 19, without knowing more details, it is impossible to ascertain with a surety that a client definitely qualifies for PIP, what an appropriate legal fee would be, which forms are to be filed, and what the government filing fees will be.
What we know:
To be considered for a discretionary grant of parole, on a case-by-case basis, under this process, you must:
- Be present in the United States without admission or parole;
- Have been continuously present in the United States for at least 10 years as of June 17, 2024;
- Have a legally valid marriage to a U.S. citizen as of June 17, 2024;
- Not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety; and
- Otherwise merit a favorable exercise of discretion.
What we don’t know:
- While we can make assumptions, we don’t know which forms will be required. It could be just the I-131 form as is required in other forms of parole, or it could be that a relative petition must be filed along with the I-131, or it could be that the government is currently creating an all-new form.
- What the government filing fee will be.
- What does the government mean by “continuously present” for the last 10 years. Would any departure, no matter how short, break that presence?
- What constitutes “disqualifying criminal history?” Would a misdemeanor disqualify someone? Two? A felony? Could driving without a license disqualify someone from qualifying? We simply don’t know.
- What makes a person a “threat to national security or public safety?”
- What does the government mean by “otherwise merit a favorable exercise of discretion?”
We could go on and on with questions we have about the program. While we want to help as many people as possible apply for what appears to be a great benefit, it would be unwise and potentially unethical for us to allow clients to hire for an application when so many questions still surround the application and application process; however, that does not mean that there is nothing you can do to prepare.
What you can do now:
- Gather evidence:
- Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate;
- Documentation of proof of identity, including expired documents, may include:
- Valid state or country driver’s license or identification;
- Birth certificate with photo identification;
- Valid passport; or
- Any government issued document bearing the requestor’s name, date of birth, and photo.
- Evidence of your spouse’s U.S. citizenship, such as a passport, birth certificate or Certificate of Naturalization;
- Documentation to establish your continued presence in the United States for at least 10 years, as of June 17, 2024. While more information will be made available in the forthcoming Federal Register Notice and subsequent FAQs, examples of documentation could include copies of:
- Rent receipts or utility bills;
- School records (letters, report cards, etc.);
- Hospital or medical records;
- Attestations to your residence by religious entities, unions, or other organizations, identifying you by name;
- Official records from a religious entity confirming participation in a religious ceremony;
- Money order receipts for money sent into or out of the United States;
- Birth certificates of children born in the United States;
- Dated bank transactions;
- Automobile license receipts, title, or registration;
- Deeds, mortgages, or rental agreement contracts;
- Insurance policies; or
- Tax returns or tax receipts.
We look forward to working with you on your PIP request. As soon as is possible we will inform you when to hire, how to hire, what the exact fees will be, and what documents we require. Please follow us on social media for news as it is released.
