KEEPING FAMILIES TOGETHER-PIP

New Immigration Benefit:  Keeping Families Together - Parole in Place (PIP) Under the Biden Administration

At Garcia Legal Group, we are dedicated to helping families navigate the complex and ever-evolving world of U.S. immigration law. A significant update under the Biden Administration is the *Parole in Place (PIP)* program, a crucial benefit designed to keep families together. Understanding this new policy, effective August 19, 2024, is essential for those seeking to maintain family unity while complying with U.S. immigration laws.

What is Parole in Place (PIP)?

Parole is a discretionary authority exercised by the Department of Homeland Security (DHS) under section 212(d)(5)(A) of the Immigration and Nationality Act (INA). This authority allows certain noncitizens, classified as "applicants for admission," to temporarily remain in the United States on a case-by-case basis for urgent humanitarian reasons or significant public benefit.

The INA defines an "applicant for admission" as a noncitizen present in the United States who has not been formally admitted. Noncitizens who are in the U.S. without lawful admission or parole may still be considered for parole in place under this process because they are regarded as "applicants for admission." It is important to note that parole in place is exclusively available to noncitizens who are physically present in the United States.

This update to the PIP program grants temporary legal status, enabling eligible family members to apply for a work permit and, if they qualify, adjust their status to that of a lawful permanent resident (Green Card holder).

 Eligibility Requirements for PIP

**If you are the noncitizen spouse of a U.S. citizen, you must:**

- Be present in the United States without admission or parole.

- Have been continuously physically present in the United States since at least June 17, 2014, through the date of filing your request.

- Have a legally valid marriage to a U.S. citizen on or before June 17, 2024.

- Have no disqualifying criminal history and not be deemed a threat to public safety, national security, or border security.

- Submit biometrics and undergo required background checks and national security and public safety vetting.

**If you are the noncitizen stepchild of a U.S. citizen, you must:**

- Have been under the age of 21 and unmarried on June 17, 2024.

- Be present in the United States without admission or parole.

- Have been continuously physically present in the United States since at least June 17, 2024, through the date of filing your request.

- Have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before your 18th birthday.

- Have no disqualifying criminal history and not be deemed a threat to public safety, national security, or border security.

- Submit biometrics and undergo required background checks and national security and public safety vetting.

Why is PIP Important?

The expansion of the PIP program under the Biden Administration is a critical step in protecting families from separation due to immigration issues. By offering a path to stay in the U.S. legally, PIP ensures that families can remain together, especially during times of uncertainty and transition. This program highlights the government's focus on humanitarian principles and the well-being of families in immigration policy.

 Benefits of PIP

 -Protection from Deportation: PIP provides temporary protection from removal proceedings.

- Work Authorization: Eligible individuals may apply for and receive work authorization for 3 years.

- Path to Legal Status: PIP can be a stepping stone toward adjusting status to become a lawful permanent resident under INA § 245(a) as an immediate relative of a US Citizen.

Consult a Competent Immigration Attorney

While the updated PIP program offers expanded benefits, the application process remains complex. It is crucial to consult a knowledgeable immigration attorney to guide you through the process and ensure that all requirements are met. An experienced attorney can help you navigate the new provisions, avoid common pitfalls, and increase your chances of a successful application.

 Beware of Immigration Scams

With the introduction of new immigration benefits, the risk of fraud increases. Many unauthorized individuals and organizations prey on those seeking legal status by offering false promises. To protect yourself and your family:

- Only Seek Legal Advice from Licensed Attorneys: Verify that your attorney is licensed and in good standing.

- Avoid Notarios: In many countries, notarios are authorized to perform legal work. However, in the United States, they are not authorized to provide immigration legal services.

- Verify Information:  Always double-check the information you receive and do not trust anyone who promises guaranteed outcomes.

At Garcia Legal Group P.C., we are committed to providing you with accurate and reliable legal advice. Our experienced team is here to help you understand your options under the updated PIP program and guide you through the application process.

Contact Us Today

If you believe you or a family member may be eligible for Parole in Place under the Biden Administration's new program, don’t hesitate to reach out to us. We offer confidential consultations to discuss your situation and help you take the next steps toward keeping your family together.