Parole for US Spouse
For the past weeks now there’s a growing anticipation that the Biden administration will announce a new directive that will address the immigration needs of the undocumented spouses of US citizens via Parole in Place that’s currently in the books and being used by military families as an immigration relief for their undocumented family member. So before we dig in on the burning questions let’s first look at what Parole in Place is really all about, also, one thing to note is that before you or your family member makes an immigration decision it’s best to hire a local immigration lawyer because the immigration process is not cut dry, it’s a very complicated process that leaves no room for error. So what’s Parole in Place? Parole in Place (PIP) is a discretionary policy of the United States Citizenship and Immigration Services (USCIS) that allows certain undocumented family members of U.S. military personnel and veterans to remain in the United States without fear of deportation. This policy has been instrumental in recognizing the sacrifices of military families and ensuring their stability as currently this immigration relief is only used by military families with the exception of course to the Temporary Protected Status given to the undocumented Haitians, Venezuelans, and Afghanistans, but that’s about to change if President Biden launch a nationwide Parole in Place drive. Parole in Place technically is not an official immigration status but rather a temporary permission to stay in the United States. It is granted on a case-by-case basis to individuals who might otherwise be subject to removal proceedings. This policy aims to support military readiness and family unity by protecting immediate family members of active-duty service members, reservists, and veterans from deportation.
The concept of Parole in Place emerged from the broader framework of "parole" in U.S. immigration law. Parole allows certain individuals who may not meet standard admission criteria to enter or stay in the United States temporarily due to urgent humanitarian reasons or significant public benefit.
1952 Immigration and Nationality Act (INA): The INA codified the practice of granting parole to individuals on a discretionary basis. However, it wasn't until later that specific policies regarding Parole in Place for military families began to take shape.
Post-9/11 Era: After the September 11, 2001, terrorist attacks, the U.S. government recognized the increased sacrifices and stresses placed on military families. This period saw an expansion of support for military personnel, including addressing the immigration status of their undocumented family members.
2007 Policy Memorandum: USCIS issued a policy memorandum in 2007, formally acknowledging the need to support military families through Parole in Place. This memorandum highlighted the importance of family unity for military readiness and morale.
2013 Policy Directive: The Obama administration further solidified the practice of Parole in Place with a directive in 2013. This directive provided clearer guidelines for granting PIP to immediate family members of U.S. military personnel, including spouses, parents, and children. It emphasized the policy's role in maintaining family stability and national security.
Eligibility Criteria
Eligibility for Parole in Place typically includes the following:
Immediate Family Relationship: The applicant must be an immediate family member (spouse, child, or parent) of an active-duty service member, reservist, or veteran.
Physical Presence in the U.S.: The applicant must be physically present in the United States at the time of the application.
No Criminal Record: Applicants with significant criminal records or who pose a security threat are generally not eligible for PIP.
Discretionary Basis: Each application is assessed on a discretionary basis, taking into account the applicant’s circumstances and the potential impact on military readiness and family unity.
Application Process
To apply for Parole in Place, eligible individuals must submit Form I-131 (Application for Travel Document) along with supporting documentation, such as proof of the family relationship, military service records of the sponsoring family member, and evidence of physical presence in the U.S. The application is reviewed by USCIS, and if approved, the individual is granted parole for a specific period, typically one year, with the possibility of renewal.
With that said, what’s the main motivating factors for Parole in Place for Biden? This is an election year, and Biden is not leading the polls, what’s really alarming is that Biden is not performing as expected on Hispanic states where Immigration reform is a key issue, and Trump had weaponized immigration by highlighting the growing border crisis, as opposed to Biden, Trump is calling for restrictive internal immigration enforcement with no relief for the undocumented non-citizens.
So who’s covered? how many will benefit? why should you or your family member apply for Parole in Place? Is this Immigration reform? Basically right now, the directive is not yet launched, there are many news reports that are saying that the White House is closely figuring this out, which on a rational scale means that there’s a good chance that Biden will launch a Parole in Place as there’s a cover for any possible criticism, which is the fact that this immigration relief directly impact an American citizen as we’re talking about his or her spouse here. It’s estimated that there are around 1.1 million undocumented spouses of US citizens. Parole in Place technically covers those that did not pass a legal inspection, thus if you or your spouse had overstayed the visa, under the current laws, that spouse won’t qualify for Parole because having a visa means, that person passed through the legal admission system. However Biden did not specially outlined a detailed qualifications check list, so there are many gray areas so far. So what’s the benefit of Parole in Place, three folds, it allows a non-citizen to remove the immigration bars which is around 10 years allowing the non-citizen to go back to his home country to continue the immigration process or stay here in the US using a waiver where he or she can process his status through his or her US citizen spouse. Also having a Parole is a direct protection from deportation, this gives a person at least one year to process his or her immigration status through the qualifying US citizen spouse. And is Parole in Place an Immigration Reform, technically speaking it’s not, because the law is already in the books, Biden is just expanding the definition of who qualifies and who’s covered. But for election year purposes this is a reform that Biden can take on the town halls to explain his position on immigration reform as right now the faction of the Democrats who cares about Immigration reform is growing tired from lack of movement and support from the Biden White House.
