In June 2024, the Biden Administration announced a new Parole in Place (PIP) process that went into effect on August 19, 2024. This information is being provided to shed light on the new program designed to promote family unity in our nation’s immigration system. The program called Keeping Families Together is a process for certain noncitizen spouses and noncitizen stepchildren of U.S. citizens to request parole in place under existing statutory authority. Parole is an exercise of Department of Homeland Security’s discretionary authority under section 212(d)(5)(A) of the Immigration and Nationality Act (INA) to allow certain noncitizen’s “applicants for admission” to be present in the United States on a temporary, case-by-case basis for urgent humanitarian reasons or significant public benefit.

The INA defines an “applicant for admission,” in relevant part, as a noncitizen “present in the United States who has not been admitted.” Noncitizens who are present in the United States without admission or parole may be considered for parole in place under this process because they remain “applicants for admission.” Parole in place is available only for noncitizens who are present in the United States.

Below are the basic requirements for those that are applying to the program:

• Be present in the U.S. without admission or parole (i.e., you last entered the United States without presenting yourself for inspection at an official checkpoint to be allowed in);
• Have married your U.S. citizen spouse by June 17, 2024; and,
• Have lived continuously in the U.S. for at least 10 years by June 17, 2024;
• Individuals who apply for this process will also have to complete a background check and show they have no disqualifying criminal history nor constitute a threat to national security or public safety.
• Additionally, individuals have to show they merit a favorable exercise of discretion and are otherwise eligible to apply for adjustment of status.

Stepchildren of United States citizens are also eligible for this process. The general criteria for stepchildren of United States citizens are that they must be present in the United States without admission or parole, they are currently under 21 and unmarried, and they must have a qualifying stepchild relationship with their United States citizen step parent. This means that their mother/ father must have married their United States citizen step parent prior to the child’s 18th birthday.

Applicants to the program that have a criminal history are encouraged to consult directly with the attorneys at Uribe & Uribe APLC. All other criminal convictions: (excluding minor traffic violations) create
a rebuttable presumption of ineligibility. A decision maker will weigh the seriousness of the conviction versus mitigating factors and favorable factors. Public safety is a chief concern amongst immigration
officials adjudicating these claims.

Below is a list of items that should be considered with those that have a criminal history.
Disqualifying Criminal History:

• Applicants cannot have a felony on their record.
• Convictions, whether or not a felony for:
  – Domestic violence, stalking, child abuse, child neglect or abandonment
  – Controlled substance offenses (other than 30g or less, simple possession of marijuana).
• Non citizens under 18 convicted of one of these offenses are also disqualified, since juvenile
  delinquency adjudications for these offenses create rebuttable presumption of ineligibility

In order to prove the requirements, you will need to collect documents to show eligibility. This will include identity documents for you, proof of your USC spouse’s status, evidence of marriage, and evidence of your physical presence in the U.S. from June 2014 to June 2024.

● The conviction is remote in time
● Age of offender (juvenile at time of offense?)
● Sentence or penalty imposed
● Rehabilitation
● Non-violent nature of the conviction
● Whether it is an isolated offense
● Mental or physical conditions
● Vulnerabilities of offender
● Whether offender was a victim
● Spouse of U.S. military
● Caregiver for USC
● Good character, service to community
● Impact on LPR or USC family
● Discretionary factors
Documentation of Continuous Presence
● Must provide identity document for applicant
● Employment records
● Rent receipts/utility records
● School records, Medical records
● Attestations of church, union or other member organizations
● Money order/bank records

● Birth certificates of US born children
● DMV records
● Tax transcripts
Please do not hesitate to call the law firm of Uribe & Uribe APLC to learn more about this process and to determine if you or a loved one may qualify.