The U.S. Department of Homeland Security has announced a new process allowing noncitizens married to U.S. citizens to apply for Parole In Place (PIP), effectively adjusting their immigration status in the U.S. to that of Permanent Residents (also called Green Card Holders). Eligible applicants may file a PIP application starting on August 19, 2024.

Individuals who have entered the U.S. without admission (entered the U.S. without having been admitted or paroled by U.S. immigration officers) may benefit from this program because  it will make them eligible to apply for admission in the U.S. without leaving the country. Previously, noncitizens married to U.S. citizens who entered the U.S. without admission had to depart the U.S. in order to obtain permanent resident status. Noncitizens married to U.S. citizens who entered the U.S. without admission and who do not qualify for PIP must continue to apply for immigration waivers in the U.S. and for immigrant visas at U.S. consulates overseas.

U.S. Citizenship and Immigration Services (USCIS) estimates that more than 500,000 noncitizen spouses of U.S. citizens who have lived in the U.S. for at least ten (10) years may benefit from access to this process. 

Parole In Place Eligibility Requirements for Noncitizen Spouses

1. Have been continuously and without interruptions physically present in the U.S. for at least ten (10) years (as of June 17, 2024);
2. Be legally married to a U.S. citizen as of June 17, 2024;
3. Not have a disqualifying criminal history or be considered a threat to U.S. national security or public safety;
4. Be physically present in the U.S. without admission or parole; and 
5. Merit a favorable use of discretion by USCIS.

Please note that USCIS may consider certain non-citizen children of PIP requestors if they were physically present in the U.S. without admission or parole as of June 17, 2024 and have a qualifying stepchild relationship to a U.S. citizen.

What Should Eligible Applicants do Now?

Eligible applicants should begin working with a qualified immigration attorney to gather PIP-related documentation so they are ready to file their PIP application on August 19, 2024. Any individual interested in enrolling in the program should assure that they are accessing the USCIS official website here to apply for the program. 

The Immigration Team at Tarter Krinsky & Drogin LLP stands ready to assist eligible PIP applicants.