Skip to content

Parole in Place

Parole in place (PIP) is a process for inspecting and granting temporary legal status to noncitizens who are present in the United States after entering without inspection. A person who receives PIP gets temporary employment authorization and protection from removal. Even more helpfully, the person may become eligible to adjust to lawful permanent residence (green card status) in the United States.

USCIS has long offered parole in place to family members of persons serving in the armed forces (military parole in place). On June 18, 2024, the Biden Administration announced that it would expand the program to certain spouses and stepchildren of U.S. citizens. It calls this program Keeping Families Together. The program went into effect on August 19, 2024.

As a new program, there is much that is not known yet about how U.S. Citizenship and Immigration Services (USCIS) will implement it. There is also the significant possibility that a lawsuit will delay or prevent USCIS from granting parole in place to applicants. A new presidential administration might also choose to end it in the future. Keep up to date with developments at the official USCIS webpage, https://www.uscis.gov/keepingfamiliestogether.

Applying for Keeping Families Together Parole in Place

To request parole in place, an applicant must submit Form I-131F through https://my.uscis.gov on or after August 19, 2024. The applicant next must appear for an appointment at a USCIS office to submit biometrics (fingerprints, photo, and identity info). USCIS will then determine if the applicant is eligible and deserving of a grant of parole in place.

Eligibility Criteria

The eligibility criteria for Keeping Families Together Parole in Place for a spouse of a U.S. citizen are:

  • Be present in the United States without admission or parole;
  • Have been continuously physically present in the United States since at least June 17, 2014, through the date of filing your request;
  • Have a legally valid marriage to a U.S. citizen on or before June 17, 2024;
  • Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and
  • Submit biometrics and undergo required background checks and national security and public safety vetting.

The eligibility criteria for a stepchild of a U.S. citizen are:

  • Have been under the age of 21 and unmarried on June 17, 2024;
  • Be present in the United States without admission or parole;
  • Have been continuously physically present in the United States since at least June 17, 2024, through the date of filing your request;
  • Have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before your 18th birthday;
  • Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and
  • Submit biometrics and undergo required background checks and national security and public safety vetting.

Effect of Removal Proceedings

Noncitizens are ineligible for Keeping Families Together Parole in Place if they are currently in removal proceedings as an enforcement priority under the Guidelines for the Enforcement of Civil Immigration Law, issued by Secretary Mayorkas in September 2021. Otherwise, pending removal proceedings do not bar parole in place.

Noncitizens who have a final order of removal that was executed by them leaving the United States (voluntarily or involuntarily) are not eligible for the program.

Having an unexecuted removal order is not an absolute bar to parole in place, but it does create a presumption of ineligibility. USCIS will consider the facts and circumstances of the unexecuted removal order in deciding whether an applicant has overcome the presumption of ineligibility. Examples of potentially relevant facts and circumstances include, but are not limited to:

  • Lack of proper notice;
  • Age of the noncitizen at the time the removal order was issued;
  • Ineffective assistance of counsel or being a victim of fraud in connection with immigration representation; or
  • Other extenuating factors or considerations such as:
    • Inability to understand proceedings because of language barriers;
    • Status as a victim of domestic violence;
    • Other extenuating personal factors, such as requestor’s limited resources (e.g., lack of housing that would have impacted ability to appear);
  • A physical or mental condition requiring care or treatment during immigration proceedings.

Effect of Criminal Convictions

The rules for the new program prohibit a grant of parole in place if the applicant has pending criminal charges. Those should be resolved before applying. Further, conviction of any of the following crimes disqualifies an applicant from parole in place:

  • Any felony, including felony driving under the influence (DUI/DWI);
  • Murder, torture, rape, or sexual abuse;
  • Offenses involving firearms, explosive materials, or destructive devices;
  • Offenses relating to peonage, slavery, involuntary servitude, and trafficking in persons;
  • Aggravated assault;
  • Offenses relating to child pornography, sexual abuse or exploitation of minors, or
    solicitation of minors;
  • Domestic violence, stalking, child abuse, child neglect, or child abandonment; and
  • Controlled substance offenses (other than simple possession of 30 grams or less of
    marijuana).

Any other criminal conviction or finding of juvenile delinquency creates a rebuttable presumption of ineligibility for parole in place. However, this does not include minor traffic violations. The presumption of ineligibility may be overcome with favorable factors, but that will be decided on a case-by-case basis. More serious convictions are harder to overcome. A noncitizen with a criminal record should consult with an attorney with expertise in the immigration consequences of crime before applying for parole in place.

Eligibility to Adjust to Lawful Permanent Residence

The parole in place criteria published on August 19, 2024, do not require applicants to prove that they are eligible to apply for adjustment of status. This is a change from the earlier announced criteria. However, applicants will need to demonstrate eligibility for permanent residence (a green card) when they later apply to adjust status.

There are a variety of requirements to adjust status at section 245 of the Immigration and Nationality Act (INA), 8 U.S.C. 1255. Many of the bars to adjustment do not apply to spouses and stepchildren of U.S. citizens because they are considered “immediate relatives.” Critically, however, all applicants for adjustment of status must not be inadmissible under section 212 of the INA, 8 U.S.C. §1182. Potential grounds of inadmissibility for noncitizens present in the U.S. without admission or parole include:

  • Conviction of or admission to a “crime involving moral turpitude,” which is a notoriously ambiguous definition. This includes many crimes of fraud, sexual abuse, and violence, as well as other seemingly less serious crimes like theft or shoplifting. Fortunately, there is a so-called petty offense exception that exempts a single minor crime involving moral turpitude if it meets certain criteria.
  • Conviction of or admission to a controlled substance offense. This includes minor crimes like simple possession, paraphernalia, and marijuana/cannabis offenses. (Though a discretionary waiver is possible for a single offense of simple possession of 30 grams or less of marijuana).
  • Misrepresentation of a material fact to an immigration or consular officer to obtain (or attempt to obtain) a visa, other documentation, or admission into the United States or another immigration benefit.
  • Likely to become a public charge.
  • Falsely claiming U.S. citizenship or unlawfully voting in the U.S.
  • Encouraging, inducing, assisting, abetting, or aiding any noncitizen (including family members) to enter the U.S. in violation of law.
  • Being present in the U.S. without admission or parole after a prior removal or deportation. This expedited removal by an immigration officer at the border.
  • Being present in the U.S. without admission or parole after previously being in the U.S. unlawfully for an aggregate period of more than 1 year.
  • Numerous other less common issues.

If you think any of these grounds of inadmissibility might potentially apply to you, you should consult with an immigration attorney before applying for parole in place.

Attorney for Parole in Place Evaluation

Attorney Scott Mossman has practiced immigration law for more than 20 years. His focus is on representing noncitizens who have a criminal record and complex inadmissibility issues. Call 510-835-1115 or email [email protected] to request a consultation.

510-835-1115