New Parole in Place Process for Spouses of U.S.

USCIS has introduced an updated Parole in Place (PIP) process aimed at promoting family unity and stability. This initiative allows eligible noncitizen spouses of U.S. citizens to apply for lawful permanent residence without having to leave the United States. Applications will open on August 19, 2024. This guide provides all the essential information you need to know, especially if you’re residing in San Jose or the Bay Area.

What is Parole in Place (PIP)?

Parole in Place (PIP) is a discretionary measure by USCIS that grants certain noncitizen family members of U.S. citizens—the ability to remain in the U.S. and apply for lawful permanent residence. This program is designed to help maintain family unity and stability, which is especially critical for families.

Eligibility Criteria for Parole in Place

To qualify for the new Parole in Place process, applicants must meet the following criteria:

1. Current Residence: Must be physically present in the U.S. without lawful admission or parole.
2. Continuous Residence: Must have continuously resided in the U.S., for at least 10 years as of June 17, 2024.
3. Marriage: Must be legally married to a U.S. citizen as of June 17, 2024.
4. No Disqualifying Factors: Must have no disqualifying criminal history or national security concerns.
5. Merit Favorable Discretion: Must be deemed favorable for discretion by USCIS.

Continuous Residence Requirements

Continuous residence for immigration purposes involves maintaining a residence in the United States without significant interruptions. This means avoiding extended absences from the U.S. that exceed specific periods. Understanding these requirements and adhering to them is essential for maintaining eligibility for various immigration benefits.

Bona Fides of Marriage

In addition to showing that a marriage is legally valid, the applicant for a marriage-based benefit must demonstrate that the marriage is bona fide. This means that, at the time of marriage, the spouses intended to live in a marital relationship and did not marry solely for immigration benefits. The burden is on the petitioner to prove that the marriage was entered in good faith.

To establish a bona fide marriage, couples must show that they intended to create a life together. This applies to all couples, including LGBTQ couples, who must provide the same types of evidence as heterosexual couples. The bona fides of a marriage are typically established through evidence of the marital relationship, which overlaps with other evidence collection contexts.

Disqualifying Criminal History and National Security Concerns

Criminal History:

Disqualifying criminal history for immigration purposes includes a range of offenses and behaviors that can render an individual inadmissible or deportable. Criminal history that disqualifies an individual includes convictions for felonies, certain misdemeanors, and multiple misdemeanors. Specifically, an individual must not have been convicted of:

• A felony.
• A significant misdemeanor.
• Three or more other misdemeanors not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct.

Expunged convictions, juvenile delinquency adjudications, and convictions under state laws for immigration-related offenses are not considered disqualifying. Additionally, the presence of a criminal record, its nature, recency, and seriousness are considered adverse factors in immigration proceedings.

National Security Concerns:

National security concerns include involvement in terrorism, espionage, or other activities that pose a threat to the United States.

Furthermore, misrepresentation or concealment of material facts, such as criminal history or involvement in disqualifying activities, can lead to disqualification. Misstatements that improperly allow an individual to gain immigration benefits, concealment of a disqualifying criminal record, or prior removal/deportation may be considered grounds for disqualification.

How to Prepare Your Application

1. Gather Necessary Documents:
   • Proof of identity (e.g., passport, birth certificate).
   • Marriage certificate to confirm your marriage to a U.S. citizen.
   • Proof of spouse’s U.S. citizenship (e.g., U.S. passport, birth certificate).
   • Documentation demonstrating 10 years of continuous U.S. residence.
   • Evidence to prove a bona fide marriage, such as joint financial records, photographs, and affidavits from friends and family.

2. For Noncitizen Children:
   • Collect birth certificates, adoption decrees, and proof of presence in the U.S. as of June 17, 2024.

Important Note: It is crucial to gather all the necessary evidence in advance so that you can submit your application as soon as the window opens on August 19, 2024. Given the possibility of future changes in immigration policy, especially if there is a change in administration, prompt submission is highly advisable.

Conclusion

The new Parole in Place process is a critical initiative for promoting family unity and stability for noncitizen spouses of U.S. citizens in San Jose and the Bay Area. By understanding the eligibility criteria, application timeline, and preparation steps, you can successfully navigate the process and keep your family together. It is important to act swiftly and gather all necessary documentation ahead of time to ensure a timely application submission.

For personalized assistance and more detailed information, contact our experienced immigration attorney in San Jose or the Bay Area. Our dedicated team is ready to help you navigate the complexities of immigration law and ensure compliance at every step.