Immigration law in the United States offers a variety of avenues for the family members of U.S. citizens to adjust their status and remain in the country legally. One of these options is the parole in place (PIP) program, which provides relief to certain non-citizens who are present in the United States without admission or parole. This article focuses on the eligibility and application process for non-citizen spouses and stepchildren of U.S. citizens seeking PIP by filing Form I-131F.
What is Parole in Place?
Parole in place is discretionary relief granted by the U.S. Citizenship and Immigration Services (USCIS). It allows certain individuals who entered the United States without inspection to adjust their status without leaving the country, even if they are present in the U.S. illegally. This program is particularly beneficial for spouses and stepchildren of U.S. citizens facing deportation or removal due to their illegal entry.
Who is Eligible to File Form I-131F?
Eligibility Criteria for Non-Citizen Spouses:
Physical Presence:Â The non-citizen spouse must have been continuously physically present in the United States since June 17, 2014.
Marriage to a U.S. Citizen:Â There must be a legally valid marriage between the non-citizen and the U.S. citizen prior to June 17, 2024.
No Disqualifying Criminal Record:Â The applicant must not have a criminal history that disqualifies them from obtaining parole.
No Threat to National Security:Â The non-citizen spouse must not pose a threat to national security or public safety.
Eligibility Criteria for Non-Citizen Stepchildren:
Physical Presence:Â The non-citizen stepchild must have been continuously physically present in the United States since June 17, 2024.
Parents’ Marriage: The non-citizen parent of the stepchild must have had a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before the stepchild’s 18th birthday.
No Disqualifying Criminal Record:Â The applicant must not have a criminal history that disqualifies them from obtaining parole.
No Threat to National Security:Â The non-citizen stepchild must not pose a threat to national security or public safety.
It is important to note that, even if a person meets all the criteria, USCIS may still deny the parole application if it determines that granting parole is not justified in the specific case. This decision is made on a case-by-case basis, considering the totality of the circumstances.
¿How to prove your eligibility?
To apply for parole in place, you must provide evidence of your relationship with the U.S. citizen and your continuous physical presence in the United States.
Evidence of Your Relationship:
Marriage Certificate:Â Provide a copy of your marriage certificate if applying as a spouse of a U.S. citizen.
Birth Certificate:Â If applying as a stepchild, provide your birth certificate showing the name of your non-citizen parent.
Evidence of Physical Presence:
Immigration Documents:Â Any document from the Immigration and Naturalization Service (INS) or the Department of Homeland Security (DHS) indicating your date of entry, such as Form I-862, Notice to Appear.
Financial Documents:Â Rent receipts, utility bills, tax returns, or tax transcripts showing your name and the dates of service.
Educational Records:Â School records like transcripts or report cards indicating the name of the schools you attended in the U.S. and the periods you attended.
Medical Records:Â Hospital or medical records listing the names of the medical facilities or physicians and the dates of treatment or hospitalization.
Religious or Organizational Records:Â Official records or attestations from religious entities, unions, or other organizations confirming your participation in events or ceremonies.
Other Supporting Documents:Â This may include money order receipts, birth certificates of children born in the U.S., dated records of bank transactions, correspondence, automobile license receipts, rental agreements, insurance policies, receipts, postmarked letters, etc.
USCIS will evaluate the totality of the evidence to determine whether you have established continuous physical presence for the required period. It is crucial to submit comprehensive documentation that covers the entire required period of physical presence.
Submitting a parole in place application can be a complicated process, but it provides a critical pathway for non-citizen spouses and stepchildren of U.S. citizens to adjust their status and remain in the country. Understanding the eligibility criteria and the type of evidence required can make the process smoother and increase the chances of a successful application. Given the discretionary nature of parole in place, it is recommended to work with an experienced immigration attorney to navigate this complex process and present the strongest possible case.
If you or someone you know needs assistance with filing Form I-131F for parole in place, our law firm is here to help. Contact us today to schedule a consultation with our experienced immigration attorneys. At Y. Morejon Attorney, P.A., your first consultation is free. Here, your problem is our problem.
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