The US Department of Homeland Security (DHS) has recently launched a program to facilitate the process of acquiring a green card for qualifying undocumented noncitizen spouses of American citizens. This program, which relies on the parole-in-place policy, is a new development in the U.S. immigration policy and can bring conservative changes to many families. In this blog post, we will discuss how the parole-in-place program works, its advantages, the conditions a detainee must meet to qualify for PIP, and the program’s drawbacks.
Understanding Parole in Place
Parole in place is a form of immigration relief available under the INA. It can be distinguished from the more typical form of parole granted to foreign nationals who are outside the U.S. and seek admission into the country. An I-94 form issued to the parolee documents this status. It does not mean a formal admission into a specific nonimmigrant status.
The idea of parole in place is not new. Since the 1970s, different U.S. administrations have applied this policy to provide parole to some people who arrived in the United States illegally. However, the new DHS proposal under the Biden Administration is providing benefit to undocumented spouses of U.S citizens. This proposal gives them a clear pathway to a green card.
Benefits of Parole in Place for Undocumented Spouses
Some of the fundamental issues surrounding undocumented spouses of U. S. citizens include the legal constraint that limits the possibility of acquiring a lawful permanent residency without traveling outside the country. Under current immigration law, an applicant for adjustment of status must have been inspected and admitted or paroled into the U.S. This requirement creates a dilemma for undocumented spouses who entered the country without inspection, as they typically face a three- or ten-year bar on reentry if they depart the U.S. to apply for adjustment abroad.
The new parole-in-place program also solves this problem because qualified undocumented spouses will receive parole without having to leave the U.S. to meet the requirement of lawful entry for the adjustment of status. Once paroled, such individuals could file an I-485 application for adjustment of status while in the U.S. without triggering the reentry bar.
Eligibility Criteria for Parole in Place
To qualify for parole in place under the new program, one should meet certain criteria. According to the DHS proposal, the following requirements apply:
- Continuous Presence: An undocumented spouse needs to be living in the U.S. for a period of not less than ten years, without any break.
- Marriage: The individual must legally marry a U.S. citizen on or before June 17, 2024.
- Additional Requirements: The applicant will have to fulfill other requirements, including character, criminal background, and other records that could lead to exclusion.
These criteria ensure that only those with strong ties to the U.S. and who have demonstrated a commitment to their family life in the country are eligible for the program.
Limitations and Challenges of the Parole-in-Place Program
Although the program is relatively beneficial, it has its disadvantages. First, it is only for those who arrived in the U.S. either visa-free or irregularly and have no parole. People who came on a proper Non-immigrant visa or the Visa Waiver program and then violated their visa are not qualified for the parole in place.
Moreover, parole in place only removes some possible hurdles to adjustment of status. For example, the spouse may still be inadmissible if in the country unlawfully, has a medical condition, a criminal record or any other similar reason. The parole-in-place policy applies only to the lawful entry issue; other grounds of inadmissibility must be sorted separately.
Another issue is the legal risk factor, which refers to the possibility of facing legal challenges from various stakeholders. It is assumed that the program will be implemented before the end of summer, but this may encounter a setback in federal court. The verdicts of these court cases might affect the sustainability and efficacy of the program in question.
Conclusion
The new parole-in-place program is another major step in the U. S. immigration policy which gives many undocumented spouses of U. S. citizens a ray of hope. It allows these individuals to change their status without traveling and should help reunite families while also offering a pathway to lawful permanent residence. Nevertheless, its implementation and the results of possible legal actions will determine the program’s effectiveness. It will remain a progressive measure to strengthen family relationships within the U.S immigration structure.
