Yesterday, August 26, 2024, a Federal Judge (U.S. District Judge J. Campbell Barker) issued a decision temporarily ordering the United States Citizenship and Immigration Services (USCIS) to stop granting applications for the Biden Administration’s “Keeping Families Together” Parole in Place (PIP) program for at least 14 days, until September 9, 2024 .
However, USCIS will continue to accept PIP applications and scheduling biometrics appointments during this time.
Background
Under the United States immigration law, the government has the discretionary authority to grant PIP to certain people who have not been legally admitted to the United States (for example, with a visa). PIP is extremely valuable because it can allow noncitizen spouses and stepchildren of US citizens who came to the US without a visa to apply for green card inside the US without having to apply for a waiver and then leave the US for an interview at the US embassy, a process that can take several years.
On August 18, 2024, USCIS began accepting online PIP applications for two main groups of noncitizens:
Noncitizen spouses of a US citizen who:
- Are present in the US without admission or parole;
- Have been continuously physically present in the US for 10 years (since at least June 17, 2014 to now);
- Have been married to a US citizen on or before June 17, 2024; and
- Do not have a disqualifying criminal record.
Noncitizen stepchildren of US citizen who:
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- Were under the age of 21 and unmarried on June 17, 2024;
- Are present in the US without admission or parole;
- Have been continuously physically present in the US s since at least June 17, 2024, to now;
- Have a noncitizen parent who entered into a legally valid marriage with a US citizen on or before June 17, 2024, and before the child turned 18; and
- Do not have a disqualifying criminal record.
On August 23, 2024, Texas and 15 other states sued the Biden Administration in federal court, arguing that the PIP program is not authorized under the immigration law. They asked the federal judge in Texas to temporary stop the PIP program until the lawsuit is completed.
Can I Still Apply for PIP?
Yes. Although USCIS cannot approve PIP applications for the next 14 days (until September 9, 2024), USCIS will continue to accept PIP applications, issue receipt notices, and schedule biometrics appointments for these applications during the next 14 days. However, USCIS is not permitted to approve PIP applications during this period. It is not known whether the pause on PIP approvals will be extended beyond September 9, 2014. Noncitizens who are eligible for PIP should consider that the PIP program is being challenged and decide if they wish to apply for PIP while USCIS is accepting these applications.
If you have questions about PIP, please contact Margaret W. Wong & Associates at 216-566-9908.
