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On June 18, 2024, President Biden announced the new “Parole-in-Place” (PIP) program aimed at protecting noncitizen spouses of American citizens and supporting American families. The immigration lawyers at Benach Collopy have been advocating for parole in place for years and we are excitedly monitoring this development and aim to provide a comprehensive explanation of the program, its implications, and its potential to assist hundreds of thousands of individuals. It is crucial to understand that this announcement pertains to a planned initiative; the program has not yet commenced, and the associated protections are not yet in effect. The Department of Homeland Security has released limited information, and the PIP program should not be expected to begin for at least 60 days.

Parole-in-Place (PIP) refers to the practice of granting parole to individuals already residing unlawfully in the United States. Previously, PIP primarily benefited the families of active-duty service members. The program’s expansion now includes noncitizen spouses, children, and stepchildren of American citizens. Under current regulations, a spouse of an American citizen who unlawfully entered the U.S. and seeks a green card must exit the country and apply for an immigrant visa at a U.S. embassy in their home country. But, a person who has unlawfully entered the U.S. and has resided here for over a year, is subject to a ten-year bar from entering the U.S., making this process arduous and painful for many. The PIP program expansion aims to eliminate this barrier by allowing noncitizen spouses to apply for parole within the United States and, upon approval, receive three years to apply for a green card. This initiative is intended to strengthen American families and fulfill President Biden’s commitment to promoting family unity in the immigration process.

Although this is good news, the implementation of this program is expected to encounter legal challenges, which may delay its progress. The announcement has already attracted criticism from some members of Congress and GOP leaders. Nevertheless, Benach Collopy remains dedicated to assisting clients in obtaining PIP and eventual adjustment of status once the program is operational.

The program has specific eligibility requirements, which we will explore in a subsequent blog post. These requirements include being present in the United States without lawful admission or parole, having continuously resided in the United States for 10 years as of June 17, 2024, and having a legally valid marriage to a U.S. citizen as of June 17, 2024. The Department of Homeland Security must now develop regulations and a process for application.

Benach Collopy is committed to guiding you through this promising new program. Noncitizen spouses of American citizens should view this announcement positively and contact Benach Collopy for application assistance. If you have any questions regarding your eligibility or that of your spouse or children, please reach out to Benach Collopy at 202-644-8600 to schedule a consultation. We look forward to assisting as many clients as possible with their applications once PIP is implemented.