CityLimits: What You Need to Know: How Can Undocumented Spouses Apply for ‘Parole in Place’

CityLimits: What You Need to Know: How Can Undocumented Spouses Apply for 'Parole in Place'?

• August 29, 2024
• 3:00 pm

Navigating immigration options for undocumented spouses is both complex and emotional challenging, especially with the challenges posed by existing policies. The Keeping Families Together program, introduced by the Biden administration, is a new pathway that allows undocumented spouses to remain in the U.S. without being separated from their families-a separation that could last years or even decades.

Maria Huel, a supervising paralegal at NYLAG's Immigrant Protection Unit, recently spoke with CityLimitsabout how Parole in Place (PIP) can help immigrants meet the inspected requirement for adjusting their status, but it falls short of providing permanent immigration relief and security families need to build stable lives. As a result, families continue to face uncertainty and the looming threat of future separation.

"On June 18, President Joe Biden announced the Keeping Families Together programto create a new pathway for some undocumented spouses of U.S. citizensto adjust their status to lawful permanent residence, without having to leave the country.

"The new rule applies to those who have been in the United States continuously since June 17, 2014, and were married by June 17, 2024. On Aug. 19, the U.S. Citizenship and Immigration Services (USCIS) began accepting applications for the very first step of the process: filling out an I-131F form.

"However, Republican-led states suedin less than a week. And on Monday, Aug. 26, the United States District Court for the Eastern District of Texas put a temporary holdon granting parole in place (PIP)-giving immigrants who entered the country without inspection and are already here the option to stay.

"'That ruling is wrong,' Biden said in a statementin response to the court decision. "These families should not be needlessly separated. They should be able to stay together, and my Administration will not stop fighting for them.

"The judge's order has temporarily halted the granting of parole to pending applicants as the legal dispute plays out, and it's currently unclear as to when-or how-the case will be resolved. But in the meantime, USCIS will continue to accept filed applications and schedule biometric appointments, according to an alert on the agency's website.

"In the past, couples seeking permanent residency through marriage had to have the person who had migrated to the U.S. return to their country of origin and wait to be processed abroad. With PIP, the Biden administration created a new way for undocumented spouses to stay in the U.S. without leaving their families behind, resulting in separations of years or even decades.

"'I wanted to clarify that the current PIP does not offer a new form of permanent immigration relief or status per se,' explained Maria Huel, supervising paralegal at New York Legal Assistance Group (NYLAG)'s Immigrant Protection Unit, adding that entering without inspections is a barrier for those seeking permanent residency. So 'PIP allows them to meet the 'inspected and admitted or paroled' requirement to adjust status,' Huel added.' …

Read the full piece by Daniel Parra in CityLimitsfrom August 29, 2024.

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