Parole in Place (PIP) for Spouses of U.S. Citizens

The 2024 program offering a pathway to legal status for undocumented spouses of American citizens—without leaving the United States.

⚠️ Important 2024 Update: On June 18, 2024, President Biden announced a historic new Parole in Place program specifically for spouses of U.S. citizens who have lived in the United States for at least 10 years. This landmark program could help an estimated 500,000 undocumented spouses obtain legal status. Contact Modern Law Group immediately to determine if you qualify.

What Is Parole in Place?

Parole in Place (PIP) is an immigration benefit that allows certain undocumented individuals to be "paroled" into the United States without physically leaving the country. Under normal immigration law, individuals who entered the U.S. without inspection (crossing the border without going through a port of entry) face significant barriers to obtaining legal status—even if they are married to a U.S. citizen.

The problem is simple but devastating: to apply for a green card through consular processing, these individuals must leave the United States. However, upon departure, they trigger 3-year or 10-year bars on reentry (depending on how long they were unlawfully present). This creates an impossible choice for many families: remain together but undocumented, or separate for years while pursuing legal status abroad.

Parole in Place solves this dilemma by granting "parole" status to qualifying individuals while they remain in the United States. Once paroled, the person is considered to have been "inspected and admitted"—a crucial legal distinction that allows them to apply for adjustment of status (a green card) without leaving the country. This elegant solution keeps families together while providing a legitimate pathway to permanent residence.

The New 2024 Parole in Place Program for Spouses

The Biden administration's June 2024 announcement represents the most significant expansion of Parole in Place eligibility in the program's history. Previously, PIP was primarily available only to family members of U.S. military personnel. The new program extends this critical benefit to a much broader population: spouses of U.S. citizens who have deep roots in American communities.

This program recognizes a simple truth: hundreds of thousands of undocumented individuals have been living, working, paying taxes, and raising families in the United States for decades. Many are married to American citizens and have American children. They contribute to their communities and their country, yet they live in constant fear of separation from their families due to their immigration status.

The 2024 Parole in Place program provides these long-term residents with a dignified path to legal status. Rather than tearing families apart through deportation or forcing years-long separations through consular processing, this program allows qualifying spouses to regularize their status while remaining with their loved ones in the United States.

Eligibility Requirements for the 2024 PIP Program

To qualify for the new Parole in Place program for spouses of U.S. citizens, applicants must meet all of the following requirements:

Married to a U.S. Citizen: You must be legally married to a United States citizen. The marriage must have occurred on or before June 17, 2024 (the day before the program announcement). This requirement ensures the program benefits genuine, established marriages rather than being exploited through marriages of convenience.
10+ Years of Continuous Presence: You must have been continuously physically present in the United States for at least 10 years as of June 17, 2024. Brief, casual, and innocent absences may be permitted, but extended trips abroad could disqualify you. This requirement demonstrates your deep ties to the United States and your established life here.
No Disqualifying Criminal History: You must not have any disqualifying criminal convictions. While minor infractions may not be disqualifying, serious crimes, particularly those involving violence, drugs, or moral turpitude, may render you ineligible. Each case is evaluated individually.
Not a Security Threat: You must not pose a threat to public safety or national security. This is evaluated on a case-by-case basis.
Lawful Entry Not Required: Unlike many other immigration benefits, this program is specifically designed for individuals who entered without inspection. You do not need to have entered the U.S. legally to qualify.

Stepchildren Also Eligible: The program also extends to certain noncitizen stepchildren of U.S. citizens. Stepchildren must be under 21 years old, unmarried, and must have been physically present in the U.S. as of June 17, 2024. They must also be the stepchild of a U.S. citizen and the relationship must have existed before the child turned 18.

Benefits of Parole in Place

Obtaining Parole in Place provides numerous immediate and long-term benefits for qualifying individuals and their families:

🏠 Remain in the United States

The most significant benefit is the ability to stay in the U.S. with your family. You won't need to leave the country and risk triggering 3 or 10-year inadmissibility bars, and you won't face prolonged separation from your spouse and children.

💼 Work Authorization

Parole in Place recipients can apply for employment authorization documents (EAD). This allows you to work legally in the United States, often for the first time. You'll receive a Social Security number and can pursue better employment opportunities.

📋 Path to Green Card

Once paroled, you become eligible to file Form I-485 (Application to Register Permanent Residence). This is the adjustment of status process that leads to lawful permanent resident status—a green card.

✈️ Travel Authorization

With advance parole (obtained during the adjustment of status process), you may be able to travel internationally and return to the United States legally. This is often the first time in decades that individuals can visit family abroad.

🛡️ Protection from Removal

While in valid parole status, you are lawfully present in the United States and protected from removal proceedings. This provides crucial peace of mind for you and your family.

🗳️ Path to Citizenship

After obtaining a green card and meeting residency requirements (typically 3 years when married to a U.S. citizen), you can apply for U.S. citizenship through naturalization. This is the ultimate goal for many families.

The Parole in Place Application Process

Applying for Parole in Place requires careful preparation and attention to detail. Here is what to expect throughout the process:

Step 1: Initial Consultation and Eligibility Assessment

Meet with an experienced Parole in Place attorney to evaluate your eligibility. We'll review your immigration history, marriage documentation, evidence of continuous presence, and any potential issues that could affect your application. This comprehensive assessment helps avoid costly mistakes and identifies the strongest approach for your case.

Step 2: Document Collection and Preparation

Gather extensive documentation proving your eligibility. This includes marriage certificates, evidence of your spouse's citizenship, proof of 10+ years of continuous U.S. presence (tax returns, utility bills, school records, medical records, employment records, etc.), identity documents, passport photos, and more. Your attorney will provide a detailed checklist.

Step 3: Application Filing

Submit your Parole in Place application to USCIS along with all supporting evidence. The application must include a detailed cover letter explaining your eligibility and circumstances, along with properly organized documentation. Filing fees must be paid, though fee waivers may be available for qualifying applicants.

Step 4: Biometrics Appointment

USCIS will schedule a biometrics appointment where they will collect your fingerprints, photograph, and signature. This information is used for background checks. The appointment typically takes about 30 minutes at a local USCIS Application Support Center.

Step 5: Case Review and Approval

USCIS reviews your application, conducts background checks, and makes a determination. If approved, you'll receive parole status typically granted for 3 years. This parole allows you to remain lawfully in the U.S. and proceed with adjustment of status.

Step 6: File Adjustment of Status (I-485)

Once parole is granted, file Form I-485 to adjust your status to lawful permanent resident. You can also concurrently file Form I-765 for work authorization and Form I-131 for travel authorization. Your I-130 (immigrant petition) may already be approved or can be filed concurrently.

Step 7: Green Card Interview

Attend an interview at your local USCIS field office with your U.S. citizen spouse. The officer will verify your identity, review your application, ask questions about your marriage and eligibility, and make a final determination.

Step 8: Receive Your Green Card

Upon approval, you'll receive your green card in the mail, making you a lawful permanent resident of the United States. After 3 years (or 5 years in some cases), you can apply for U.S. citizenship.

Expected Timeline

Processing times for Parole in Place applications vary based on USCIS workloads, the complexity of your case, and the thoroughness of your application. Based on historical data and current processing trends, here are general timeframe expectations:

Parole in Place Application: 6-12 months for initial parole approval
Work Authorization (EAD): 3-6 months when filed concurrently with I-485
Adjustment of Status (Green Card): 12-24 months from I-485 filing to approval
Total Process: Approximately 18-36 months from initial PIP application to green card

These timelines can vary significantly. Working with an experienced immigration attorney can help avoid delays caused by errors, requests for additional evidence, or other issues that commonly extend processing times.

Who Does NOT Qualify for Parole in Place?

Not everyone will be eligible for this program. The following circumstances may disqualify you from Parole in Place:

Marriage after June 17, 2024: If you married your U.S. citizen spouse after this date, you do not qualify for this specific program (though other options may be available).
Less than 10 years in the U.S.: If you cannot prove continuous physical presence since at least June 17, 2014, you do not meet the residency requirement.
Significant trips abroad: Extended absences from the U.S. during the 10-year period may break continuous presence and disqualify you.
Certain criminal convictions: Felonies, aggravated felonies, crimes involving moral turpitude, drug offenses, domestic violence, and other serious crimes may render you ineligible.
Prior deportation orders: If you have an outstanding deportation order or have been previously removed from the U.S., additional complications arise that require careful legal analysis.
Immigration fraud: Previous fraud or misrepresentation in immigration matters may be disqualifying.
Security concerns: Individuals deemed to pose a threat to public safety or national security will not be approved.

Don't Assume You're Ineligible: Immigration law is complex, and many apparent disqualifications have exceptions or waivers. Even if you think something in your history might disqualify you, consult with an experienced immigration attorney. What seems like a barrier may be overcome with the right legal strategy.

Military Parole in Place

In addition to the new 2024 program for spouses of U.S. citizens, the traditional Military Parole in Place program continues to be available for family members of U.S. military personnel. This program has been in place for years and helps keep military families together.

Military PIP is available to:

Spouses of active duty service members, reservists, and veterans
Parents of active duty service members, reservists, and veterans
Children (unmarried and under 21) of active duty service members, reservists, and veterans

The military PIP program does not require 10 years of presence—the qualifying factor is the relationship to a U.S. military member. If you are a military family, you may have multiple pathways available. Contact us to discuss which option is best for your situation.

Why Choose Modern Law Group for Your PIP Application?

At Modern Law Group, we have extensive experience with Parole in Place applications and the complex immigration issues our clients face. Our dedicated team of immigration attorneys understands the stakes involved—we're not just processing paperwork, we're helping families stay together and achieve their American dream.

What sets us apart:

Specialized Experience: Our attorneys focus exclusively on immigration law. We stay current on policy changes, processing trends, and best practices that general practitioners may miss.
Personalized Attention: Every case is different. We take the time to understand your unique circumstances, identify potential issues, and develop strategies tailored to your situation.
Thorough Preparation: We meticulously prepare every application, ensuring documentation is complete, organized, and compelling. This attention to detail helps avoid delays and requests for evidence.
Bilingual Services: We serve clients in English, Spanish, and Russian, ensuring clear communication regardless of language preference.
Transparent Communication: You'll always know the status of your case. We provide regular updates and are available to answer your questions throughout the process.
National Reach: With offices in San Diego, New York, and Texas, we serve clients across the United States.

Frequently Asked Questions About Parole in Place

How much does it cost to apply for Parole in Place?

USCIS filing fees vary and may change. As of 2024, expect fees of several hundred dollars for the initial parole application, plus additional fees for adjustment of status, work authorization, and biometrics. Fee waivers may be available for applicants who demonstrate financial hardship. Attorney fees vary by firm and case complexity. Contact us for a detailed fee estimate based on your specific situation.

Can I work while my Parole in Place application is pending?

You cannot work legally solely based on a pending PIP application. However, once your parole is approved and you file for adjustment of status (I-485), you can concurrently file Form I-765 for an Employment Authorization Document (EAD). Many applicants receive work authorization within 3-6 months of filing I-485.

What documents prove 10 years of continuous presence?

USCIS accepts various documents including: federal and state tax returns, W-2s, bank statements, utility bills, lease agreements, mortgage documents, school records, medical records, employment records, insurance documents, church membership records, sworn affidavits from people who know you, and more. The key is creating a consistent paper trail covering the entire 10-year period.

Can I travel internationally while my application is pending?

Generally, no—at least not initially. Leaving the U.S. while your parole application is pending could result in denial and trigger inadmissibility bars. However, once you file adjustment of status, you can apply for advance parole (Form I-131), which may allow international travel. Never travel without first consulting your attorney.

What if my spouse and I are separated or divorcing?

Your marriage must be bona fide (genuine) both at the time of the marriage and when you apply. If you're separated but not divorced, you may still qualify, but your case will receive heightened scrutiny. If divorce proceedings have begun, consult an attorney immediately to understand how this affects your eligibility.

I have a DUI—am I disqualified?

Not necessarily. A single DUI without aggravating factors typically does not automatically disqualify you. However, multiple DUIs, DUIs involving injury, or DUIs combined with other criminal history may create problems. Each case is evaluated individually. Disclose everything to your attorney so they can properly assess your situation.

Can my children also apply for Parole in Place?

The 2024 program includes provisions for certain stepchildren of U.S. citizens. Children must be under 21, unmarried, present in the U.S. as of June 17, 2024, and the step-parent relationship must have been established before the child turned 18. Biological children of U.S. citizens typically have more direct paths to status.

What happens if my Parole in Place application is denied?

Denial is not the end. Depending on the reason for denial, you may be able to file a motion to reopen or reconsider, address the deficiency and refile, or pursue alternative immigration relief. Working with an experienced attorney from the start helps minimize denial risk and ensures you're prepared for any outcome.

How is this different from DACA?

DACA (Deferred Action for Childhood Arrivals) provides temporary relief from deportation and work authorization but does not provide a path to permanent residence by itself. Parole in Place, combined with adjustment of status, provides a complete pathway to a green card and eventual citizenship. They serve different populations with different eligibility requirements.

Is this program permanent or could it be cancelled?

Like many executive actions, this program could potentially be modified or terminated by future administrations. This is why acting quickly is important. Once parole is granted and adjustment of status is filed, you have significantly more protection than if you're still waiting to apply. Don't delay—consult with an attorney now.

Ready to Start Your Parole in Place Application?

Our experienced immigration attorneys are ready to evaluate your eligibility and guide you through every step of the process.

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