Parole in Place for Undocumented Spouse of U.S. Citizen

Parole in Place (PIP) is a policy that allows certain undocumented individuals to remain in the United States legally without having to leave the country to apply for legal status. This provision is particularly beneficial for spouses of U.S. citizens who entered the country without inspection or admission. By granting Parole in Place, the Department of Homeland Security (DHS) acknowledges their presence and allows them to apply for work authorization and eventually adjust their status to that of a lawful permanent resident. At Joseph & Hall P.C., we can help you successfully navigate the PIP process and obtain legal status for your undocumented spouse.

Eligibility Criteria

To be eligible for Parole in Place, applicants must meet the following criteria:

1. Marriage to a U.S. Citizen: The applicant must be married to a U.S. citizen.
2. Residency Requirements: The applicant must have resided in the United States since June 17, 2014.
3. Other Requirements: Additional requirements may be specified by the DHS as part of the application process.

The program is designed to keep families together and provide undocumented spouses with a path to legal status without the need to leave the country, which can often trigger lengthy bars on re-entry.

Benefits of Parole in Place for Undocumented Spouses

Preventing Bar for Illegal Presence

One of the primary benefits of Parole in Place is that it prevents the bar for being in the country illegally from ever coming into effect. This is crucial because leaving the United States after accruing unlawful presence can result in a three- or ten-year ban on re-entering the country. Parole in Place eliminates the need for undocumented spouses to leave the U.S., thereby avoiding these penalties.

Simplifying Common Immigration Issues

Parole in Place simplifies several common immigration issues:

• Adjustment of Status: It allows eligible spouses to adjust their status to become lawful permanent residents without leaving the U.S. This means they can apply for a green card while remaining with their family.
• Work Authorization: Those granted Parole in Place can apply for work authorization, enabling them to legally work in the United States.
• Legal Protection: Parole in Place provides a level of legal protection against deportation, offering peace of mind to families.

Path to Citizenship

By obtaining a green card through Parole in Place, undocumented spouses start their journey toward U.S. citizenship. After holding a green card for a specified number of years (typically five), they can apply for naturalization, thus becoming U.S. citizens.

Application Process for Parole in Place

How to Apply

The application process for Parole in Place involves several steps:

1. Legal Consultation: Consult with a qualified immigration lawyer to determine eligibility and gather necessary documentation.
2. Form I-131: Complete and submit Form I-131, Application for Travel Document, along with the required supporting documents, to the U.S. Citizenship and Immigration Services (USCIS).
3. Military Connection: Though originally designed for military families, PIP has been extended to include non-military cases involving U.S. citizen spouses.

Required Documents

Applicants will need to provide:

• Proof of marriage to a U.S. citizen
• Evidence of continuous residence in the U.S. since June 17, 2014
• Any other documents specified by the USCIS

Timeline

The processing time for Parole in Place applications varies but typically takes several months. It’s advisable to apply as soon as possible due to potential changes in the program and high demand.

Handling Denials

If an application is denied, the applicant should consult with their immigration lawyer to understand the reasons for denial and explore other available legal options. Appeals or reapplications might be possible depending on the specific circumstances of the case.

Common Mistakes and Pitfalls to Avoid

• Incomplete Documentation: Ensure all required documents are submitted accurately and completely.
• Missing Deadlines: Be aware of any deadlines and submit applications promptly.
• Lack of Legal Advice: Always consult with a qualified immigration lawyer to navigate the complexities of the application process.

Schedule a Consultation

Parole in Place offers significant benefits for undocumented spouses of U.S. citizens, providing a pathway to legal residency and eventual citizenship without the need to leave the country. For personalized assistance and to ensure your application is handled correctly, contact Joseph & Hall P.C. Our experienced team is here to help you navigate immigration law and achieve the best possible outcome.