Will Biden Stepping Down from the Election Affect the New Parole-In-Place Program?

Last month, the Biden administration announced that they would begin a new program for the spouses of U.S. citizens to apply for parole-in-place (“PIP”). If granted, these individuals could then apply for green cards from within the U.S.

Last week, USCIS announced they’d begin accepting applications on August 19^th, 2024 and provided a list of suggested evidence. However, we’re still awaiting the announcement of additional details, such as what exact form is meant to be filed, what the filing fee may be, and what specific criminal or immigration history may be disqualifying.

As we’re awaiting additional information, President Biden made a surprising announcement over the past weekend that he would be withdrawing his bid from the 2024 presidential election. As the PIP program was announced by Biden’s administration, this brings into question how it may proceed in the future.

First, although he withdrew from the election, Biden has made no similar announcement about stepping down from his current position as President. This means that he will remain President of the United States through the inauguration of the next president on January 20, 2025. As such, this announcement should have no affect on the program through that date.

Secondly, although the official nomination of Biden’s replacement candidate has not yet occurred, Kamala Harris has been broadly endorsed by fellow Democrats and has secured enough delegates to gain the official nomination. Harris has not given official comment on the PIP program, but as Biden’s Vice President, it seems highly likely that if she’s elected president, she would carry on with the program.

Regardless of Biden’s continuing position as President or the likelihood that Harris will continue the program in his absence, it is still possible that there will be litigation separate from either Biden or Harris to halt the program. Furthermore, former President and current Republican presidential candidate Donald Trump has made cracking down on immigration a key part of his 2024 campaign. While he has not explicitly addressed the PIP program, should he be elected president, it is highly likely he’d rescind the program. For these reasons, we’re encouraging eligible individuals to prepare and file for the PIP program as early as possible—August 19^th, 2024—to ensure the best chance that they’ll be able to take advantage of the program.

If you are interested in this program, schedule a consultation with us today.