PAROLE IN PLACE UPDATE: On November 7, 2024, a federal judge struck down the Biden administration's "parole in place" policy, which provided legal status and work authorization for certain undocumented spouses of US citizens. This policy offered vital stability for mixed-status families, allowing them to remain together as they pursued citizenship. We encourage impacted individuals to consult USCIS or contact NSLAC for guidance and resources.

NSLAC is disappointed by the court ruling but remains committed to advocating for the rights and dignity of immigrant families affected by this setback. We will continue to support affected individuals with resources, guidance, and legal assistance as they navigate this complex time. We urge federal and state leaders to work together in finding solutions that reflect our shared values of compassion, family unity, and respect for the contributions of immigrants to our society.

What is Parole in Place?

On June 18, 2024, the Biden-Harris administration announced their Parole in Place (PIP) program that would allow eligible non-citizen spouses of U.S. citizens to apply for lawful permanent residence without having to leave the United States. This program would work to address the challenges posed by current immigration law that requires noncitizens who wish to apply for lawful permanent residence through their marriage to leave the United States and await processing abroad, leading to extended, sometimes indefinite, separations from their U.S. citizen family members. 

Who is Eligible for Parole in Place (PIP)?  

To be eligible for Parole in Place individuals must meet the following criteria:  

• Be legally married to a U.S. Citizen as of June 17, 2024 

• Have lived continuously in the U.S. for at least 10 years 

• Be present in the U.S. without admission or parole 

• Not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety 

• Merit favorable exercise of discretion 

Noncitizen children of potential requestors may also be considered for parole if they have a qualifying stepchild relationship with a U.S. citizen as of June 17, 2024, and are physically present in the United States without admission or parole.  

What Form Do I File to Apply for Parole in Place?  

To be considered for Parole in Place, individuals must file Form I-131F, Application for Parole in Place for Certain Non-Citizen Spouses and Stepchildren of U.S. Citizens, and pay a filing fee.  

Note that Form I-131F can only be filed electronically. Paper-based applications sent by mail are not accepted by USCIS and will be rejected.  

What is the Filing Fee to Apply for Parole in Place?  

The filing fee to apply for Parole in Place is $580. No fee waivers or fee exemptions are available for this process at this time. 

What Documents are Required to Apply?  

Individuals must provide supporting documentation to show they meet the requirements for Parole in Place. These documents should prove an applicant's continuous U.S. presence for at least 10 years. Presenting documents that cover each quarter of every year you have been present in the U.S is advised.  

Examples of Documents that Prove Continuous Presence Include: 

• Bank account statements  

• Utility bills  

• School records  

• Medical records  

• Tax returns  

• Rent receipts  

• Mortgage statements 

• Marriage Certificate  

• Your Spouse’s proof of U.S. Citizenship (birth certificate, U.S. passport, naturalization certificate)  
• Proof of Identity (Photo ID, Passport, birth certificate) 

How Long Does Parole in Place Last?  

Generally, when Parole in Place (PIP) is granted, the parole period begins on the date USCIS approves your Form I-131F and will remain valid for three years from that approval date. 

What are the Benefits of Parole in Place? 

When granted Parole in Place (PIP), you are considered to be in a period of authorized stay and will not accrue unlawful presence as long as the parole remains valid. During this time, you are classified as a parolee, which allows you to apply for lawful permanent resident status without having to leave the United States if you meet the eligibility criteria. Additionally, those granted parole are immediately eligible to apply for an Employment Authorization Document (EAD).  

Can NSLAC Help Me Review My Immigration Case?

Yes, North Suburban Legal Aid Clinic offers free immigration legal aid to low-income individuals in Lake County and north suburban Cook County.

Our pro bono immigration attorneys and representatives will carefully review your immigration case and determine if you qualify to file for Parole in Place or other forms of immigration relief. If you or someone you know needs free immigration assistance, please be in touch with NSLAC at 847-737-4042 or email info@nslegalaid.org to review eligibility for our services and to schedule a consultation. NSLAC also offers free legal aid in the areas of domestic violence and housing.  

The information in this blog is for informational purposes only and should not be construed as legal advice. No attorney-client relationship is formed between NSLAC and the reader. NSLAC is not liable for any action taken or not taken based on this blog. Readers should contact an attorney with any questions regarding the content.

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