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In our previous blog post, we communicated the news regarding President Biden’s announcement of a new Parole-in-Place program that would make it significantly easier for noncitizen spouses and children of American citizens who entered the U.S. unlawfully to seek and receive an adjustment of status and a green card. Benach Collopy is excited by this plan and looks forward to its commencement. The announcement is the beginning of a program that will require weeks of development before implementation, and more information will be released as the PIP program is advanced by the Department of Homeland Security. Still, we know about some of the eligibility conditions and this post will serve as a comprehensive examination of those requirements. 

Firstly, the applicant must be present in the United States without lawful admission or parole. This means that if you are to seek PIP, you must have both entered the United States and be residing here unlawfully. A person who entered on a U.S.-issued Visa or was paroled into the United States upon entry is not eligible for the PIP program. Any spouse of a U.S. citizen who entered lawfully would have already been eligible for adjustment of status, so this program is exclusive to persons who specifically entered without documentation.

Next, the applicant must have continuously resided in the United States for 10 years as of June 17, 2024. For a person to be eligible for this program, they must have arrived in the United States before June 17, 2014. This measure is put into place as a way of curbing the number of eligible persons, but this will still apply to roughly 500,000 individuals across America. 

Thirdly, the applicant must have had a legally valid marriage to a United States citizen as of June 17, 2024. The PIP program is available specifically to valid spouses, so a person must have a legally recognized union to qualify. 

The Department of Homeland Security has stipulated two major disqualifying factors. Individuals with a “disqualifying criminal history” or deemed a “threat to national security” will be denied application. The Department of Homeland Security has yet to specify what specifically constitutes a “disqualifying criminal history” or a “threat to national security,” but they are expected to release more information about these disqualifications upon implementing the program. 

Benach Collopy is here and ready to help determine potential applicants’ eligibility and assist clients who seek to apply for PIP. When the program is officially implemented, applicants must be informed about its eligibility requirements and what they must do to take advantage of this exciting opportunity — Benach Collopy can help. Please contact us with any questions regarding this program at 202-644-8600.