If you entered the U.S. without inspection, and you are the spouse or stepchild of a U.S. citizen, the new PIP program may allow you to obtain your green card without leaving the U.S. The government began accepting applications to the program on August 19, 2024.  Those approved will be granted “parole in place” for three years, during which time they may apply for a green card and work authorization.

Numerous conditions and restrictions apply.  Please see below for a summary of the rules, and links to more detailed information. Feel free to call our office with questions.

Eligibility

You are eligible for consideration under the PIP program if, as of June 17, 2024:

• You are in the U.S. after entering without inspection.
• You are legally married or have a stepchild relationship to a U.S. citizen.
• You have lived in the U.S. for at least ten years without any period of absence (some stepchildren excepted).
• You do not have disqualifying criminal history or pose a threat to national security or public safety.

Widow(er)s, stepchildren filing separately,  stepchildren whose parents have divorced,  current DACA recipients and TPS beneficiaries, and those in removal proceedings may all be eligible if they meet conditions.

Ineligibility

The list of criminal disqualifications includes pending criminal charges (prior to resolution),   all felony convictions, and certain additional crime convictions whether felony or not. 

Criminal convictions other than the above may be overcome with sufficient evidence. 

Discretion

USCIS adjudicates on a case-by-case basis.  Even if the applicant meets all the eligibility requirements, he or she may benefit by submitting additional evidence showing humanitarian or public benefit reasons for USCIS to approve the case.  Examples would include the applicant’s status  as a caregiver to a small U.S. citizen child or elderly parent, or as exemplary volunteer for a church or community organization.   USCIS issues its final decision on “the totality of the circumstances,” so any evidence showing  the applicant is of “good moral character” is helpful.      

Processes

The application process comprises:

• Filing the online Form I-131F through myUSCIS. No paper applications will be accepted.
• Paying the $580 filing fee
• Submitting biometrics, if necessary. USCIS will notify applicants if they can reuse information already on file.

As of this writing, USCIS has not provided estimated processing times; and, due to the discretionary nature of the parole decision process, the agency may issue a denial without prior Request for Further Evidence (RFE)  or Notice of Intent to Deny (NOID).  If granted, parole will be given for a period of up to three years; however, USCIS may impose conditions and monitor compliance. 

Further information

You may find details on eligibility, rebuttals to presumed ineligibility, documentation, deadlines, and PIP application impact on other benefit requests by consulting these sources:  

• USCIS’ “Keeping Families Together” page
• The “Keeping Families Together” FAQ page
• The Federal Register notice implementing the program 

For further help determining your eligibility or filing your case, consult our office or another qualified immigration attorney.