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September 10, 2024
The Parole in Place (PIP) program, introduced by the Biden administration under the Keeping Families Together initiative, has recently faced significant legal challenges. Designed to help undocumented spouses and stepchildren of U.S. citizens remain in the country while applying for legal status, this updated policy has been temporarily blocked by a federal court. In this blog, we’ll address the key questions surrounding the PIP program, its eligibility, and the current status of the lawsuit affecting it. If you or a family member may be impacted by these developments, read on for important information. What is the USCIS Parole in Place (PIP) Program? The Parole in Place (PIP) program allows certain undocumented family members of U.S. citizens, such as spouses or stepchildren, to stay in the U.S. while their applications for legal status are processed. Originally designed for military families, the Biden administration extended this program under the Keeping Families Together initiative to include non-military families. What does the recent lawsuit ruling mean for the PIP Program? On August 26, 2024, a federal judge in Texas temporarily blocked the Biden administration’s updated PIP policy. This ruling came as part of a lawsuit (Texas v. Department of Homeland Security) filed by 16 state attorneys general, who argued that the expanded policy violated federal law. As a result, the Department of Homeland Security (DHS) is currently unable to grant any pending PIP requests under the Keeping Families Together initiative. Who is eligible for the PIP Program under the Keeping Families Together initiative? Under the current guidelines, the PIP program allows noncitizen spouses and stepchildren of U.S. citizens to apply for legal status without leaving the country. However, due to the recent court ruling, only applications submitted before the stay order will be processed. Can individuals still apply for Parole in Place (PIP)? Yes, DHS is still accepting applications for PIP, despite the pause in processing. You can submit Form I-131F, Application for Parole in Place, and attend biometric appointments. However, no new approvals will be granted until the stay is lifted or overturned. What is the status of the lawsuit? The court’s ruling places a 14-day administrative stay on the program, preventing DHS from granting new PIP applications. This stay could be extended, reduced, or overturned, depending on further legal developments. If you or a loved one may be impacted by these changes or want to explore alternative immigration options, it's crucial to stay informed and seek legal advice. Need Assistance? Schedule a consultation with GPV Immigration Law APC to discuss your situation and how we can assist you in navigating these legal developments.
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By Gabriela M. Pinto Vega July 24, 2024
On June 18, 2024, President Biden announced a series of immigration actions using the authority granted to him by our existing immigration laws. These actions will help certain undocumented individuals in the United States, including: Spouses and children of U.S. citizens who have been living in the United States for at least 10 years. You may be eligible to apply for your green card without leaving the United States, if, as of June 17, 2024: You are in the United States after entering without permission; You have lived in the United States for at least 10 years and have never left; You are legally married to a U.S. citizen or have a qualifying stepchild relationship with a U.S. citizen; and You do not have certain criminal history or pose a threat to national security or public safety. If you meet these criteria, the government MAY grant you parole-in-place. Parole would be granted for a one-time period of three years. You may also be eligible for employment authorization for up to three years. If you are granted parole, you may apply for your green card within three years of approval. Eligibility is determined on a case-by-case basis. College-educated DACA recipients and Dreamers who are qualified for nonimmigrant status, such as an H-1B specialty occupation visa. You may be eligible to apply for a temporary visa more easily, if: You have a degree from an accredited U.S. institution of higher education; and You have an offer of employment from a U.S. employer in a field related to your degree. Details on how to apply are expected to be released on August 19, 2024 through a Federal Register notice. This means: You CANNOT submit an application at this time. An early-filed application WILL BE REJECTED. You SHOULD NOT pay anyone a fee associated with filing an application at this time. BE PATIENT and take the time to find the right help. The wrong advice could harm your chances of staying in the United States, getting lawful status, or becoming a U.S. citizen. DON’T BE FOOLED by notarios and other consultants who promise immediate results or special solutions in order to steal your money. Many unscrupulous individuals will cost more than licensed attorneys! If you are unsure if someone is qualified to help, ask for proof of their credentials and retain a copy of that evidence. This program could also be legally challenged, which could impact its implementation. This makes it even more important to have a qualified, knowledgeable attorney. USCIS is not currently accepting applications under this process. They will begin accepting applications on August 19. If you apply before this date, they will reject your application. We encourage you to contact our office in LOS ANGELES at (818) 724-8386 to review your case for eligibility. You can schedule an appointment here . We will credit our $250 fee to your contract. What Can I Do To Get Ready? Request Original Civil Documents (i.e. Birth Certificates, Divorce Decrees; Marriage certificate with current spouse). Request Criminal Records from abroad, locally or out of state. Be sure to be up to date with your income tax filings. If you are not, this is the time to submit filings and get on a payment plan with the IRS if needed. If you have had contact with the Immigration Service, the Immigration Court or Custom Border Patrol, request your immigration records. Schedule an appointment with an Immigration Attorney who can help you request records; review your immigration history and discuss any potential inadmissibility issues in your case to help get you ready when the time comes to apply for the parole program. *You should not act or rely on any information in this flyer without seeking the advice of a competent, licensed immigration attorney.

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