President Biden made an announcement today, implementing a new policy that will simplify and quicken the immigration process for some spouses of U.S. Citizens.
The new program, an expansion of an existing policy called "parole in place" or "PIP" will benefit individuals who entered the U.S. across the border ("entered without inspection"). To be eligible, noncitizens must:
Be present in the United States without admission or parole;
Have been continuously present in the United States for at least 10 years, as of June 17, 2024; and
Have a legally valid marriage to a U.S. Citizen as of June 17, 2024.
In addition, noncitizen children under 21 who have a parent that meets the above criteria will be able to apply. Today's action marks a significant easing of the immigration path for these families, and represents one of the largest immigration reform policies of the past decade.
What does PIP do?
A grant of PIP helps spouses of U.S. Citizens in two important ways. First, it will give this group of people protection from deportation and a temporary work permit.
More importantly, PIP also gives the noncitizen something called an "I-94 card" which is proof of lawful admission to the United States. Previously, spouses of U.S. Citizens who entered across the border would need to apply for a "waiver" or "pardon" for their unlawful entry into the U.S., and then travel abroad to apply for a Green Card at the U.S. consulate. With PIP and an I-94 card, it is possible to skip the waiver process and immediately apply for a Green Card from inside the United States.
This is a major policy change that will greatly benefit anyone who is eligible to apply. It significantly reduces the time a green card process will take, the costs of the green card process, and it increases the security of a green card application by eliminating the need to travel abroad.
I think I can benefit from this policy. What should I do?
The Department of Homeland Security anticipates that it will implement this program later this summer. In the mean time, if you believe you are impacted by this new policy, you should begin to gather documents that prove you have been in the United States for the past 10 years -- Since June 17, 2014. Look for any pay stubs, bank account records, medical bills, leases, taxes, credit card statements, or other documents that have your name, address, and the date of the document.
If you would like the attorneys at Jasinsky Immigration Law to carefully review your immigration background and eligibility for PIP and a green card application, you can schedule your 30-minute consultation with an attorney by clicking here.
This page will be updated as more information becomes available.