You Should Read This if You’re Considering Applying for Biden’s Parole in Place
Since the announcement of the new process to keep families together, known as “Biden’s parole in place,” many questions have emerged. In today’s article, we offer a summary of the main questions and answers that USCIS has posted on its official page. We will update this information as more details are published.
Frequently Asked Questions about Biden’s Parole in Place
When does the process start?
The process starts on August 19, 2024, and can only be done online.
How do I submit my application?
Each applicant must create a USCIS online account to submit their application, including minors. A parent or legal guardian can create an account for a child under 14 years old and complete Form I-131F on their behalf.
Can I mail my application?
Mailed applications to USCIS will be rejected. They will not be accepted nor acknowledged.
What is the fee for applying for temporary parole under this process?
The application fee will be $580.
Can the fee be waived?
USCIS will not accept fee waiver requests.
How long will I have the temporary parole? What happens when it ends?
The temporary parole will be granted for a period of up to three years. During this time, applicants can file Form I-485 (Application for Permanent Residence or Adjust Status) and, if applicable, Form I-130 (Petition for Alien Relative). By the end of this period, USCIS estimates that applicants will either have a pending or completed residency application.
Types of Evidence You Need to Submit
Proof of Identity
You must provide a copy of an official identity document that shows your photo, name, and date of birth. These could include:
• A valid government-issued driver’s license
• The first page of your passport
• Any national identity document from your country of origin with your photo
• Any school-issued ID with a photo
• Any other official ID with a photo
The copy you provide must clearly show the photo and identity information. Expired documents are also acceptable.
Proof of Your Spouse/Step-parent’s U.S. Citizenship
You must provide evidence that your spouse or step-parent is a U.S. citizen. This could be a copy of their:
• U.S. birth certificate
• Certificate of Naturalization
• Certificate of Citizenship
• Consular Report of Birth Abroad
• U.S. Passport
Proof of Relationship
You must provide evidence that you are the spouse or stepchild of a U.S. citizen. To do this, you could provide:
• A marriage certificate
• Documentation of the termination of previous marriages (divorce) for you or your spouse/step-parent, if applicable
• A birth certificate with the name of your non-citizen parent if applying as a stepchild of a U.S. citizen
• Death certificate of your U.S. citizen spouse/step-parent or non-citizen parent, if applicable
Proof of Physical Presence
You must provide evidence of your continuous physical presence in the United States. To demonstrate this, you could submit:
• Any document from INS or DHS indicating your date of entry (e.g., Form I-862, Notice to Appear)
• Rent receipts, utility bills (e.g., gas, electricity, phone) or receipts or letters from companies showing the dates you received service. You can submit this documentation even if it only has your parents’ or legal guardians’ names, as long as you also provide other evidence showing your presence at that address.
• Tax returns, tax transcripts, or tax receipts
• School records (such as transcripts or report cards) from U.S. schools showing the names of schools and the periods you attended
• Hospital or medical records relating to treatment or hospitalization showing the names of medical facilities or doctors and the dates of treatment or hospitalization
• Official records from a U.S. religious entity confirming participation in a religious ceremony, rite, or event (e.g., baptism, first communion, wedding)
• Statements from religious entities, unions, or other organizations confirming your physical presence; or
• Other documents such as money order receipts for funds sent inside or outside the country; birth certificates of children born in the United States; dated bank transaction records; correspondence between you and another person or organization; receipts for driver’s licenses, vehicle titles, vehicle registrations, etc.; deeds, mortgages, lease agreements; contracts in which you were a party; insurance policies; receipts; letters with postmarks, or any other document you consider relevant.
You must submit evidence that establishes your continuous physical presence during the entire required period, but you don’t need to submit documentation for every single day, week, or month within that period.
Evidence Related to Criminal Charges
If you have been arrested or charged with a serious or minor offense in the U.S., or with a crime in any country outside the U.S., you must provide evidence showing the outcomes of the arrest or the charges against you. You don’t need to submit documentation about minor traffic violations, such as driving without a license, unless they were related to alcohol or drugs.
Will I Need to Provide Fingerprints?
Yes. Applicants must provide certain biographical and biometric information to USCIS for screening and background checks.
Eligibility and Evaluation Process
I was legally admitted to the United States with a non-immigrant visa but overstayed. Am I eligible for temporary parole under this process?
No. By law, temporary parole is only available for non-citizens who are “applicants for admission” under Section 235(a) of the INA, 8 U.S.C. § 1225(a). Therefore, temporary parole under this process can only be granted to certain individuals who are present in the U.S. without being admitted.
This process is not available for those who were previously lawfully admitted to the U.S. However, a person may still be eligible to apply for adjustment of status to a lawful permanent resident (LPR) without parole if they were previously legally admitted and are applying as an immediate relative of a U.S. citizen.
Removal Proceedings and Deportation Orders
I am currently in removal proceedings. Can I apply for parole in place?
Yes. If you are eligible for parole in place, even if you are in the U.S. without admission or parole, USCIS will consider your application even if you are in removal proceedings before an immigration judge, if your case is on appeal before the Board of Immigration Appeals (BIA), or if your case has been administratively closed. This also applies if you were released on bond or on your own recognizance.
I have a final order of deportation but have not been removed or voluntarily left the U.S. Am I eligible for the process?
You may apply for parole in place if you meet the other criteria. However, if you have a final order of deportation (meaning an immigration judge has already decided that you should be deported) and have not left the U.S. since the order was issued, or have not been physically removed from the country, it is presumed that you are not eligible for parole in place.
However, this presumption of ineligibility can be rebutted, meaning you can present evidence or arguments to demonstrate that, despite the deportation order, you should be considered for parole in place.
I was removed from the United States under a final removal order and re-entered without being admitted or granted parole. Can I apply?
No. If you were removed or left the U.S. under a pending exclusion, deportation, or removal order and later re-entered without being admitted or authorized, USCIS will not grant parole in place, regardless of the date of your removal, departure, or re-entry.
Please take this into consideration before applying for residency if you are in removal proceedings, appealing a case, or if your case has been administratively closed.
Even if USCIS has approved your parole in place, if you are in removal proceedings or appealing a case before the BIA, you are not automatically eligible for permanent residency.
You must first request that the immigration judge terminate or dismiss your removal proceedings. Even if USCIS grants you parole, the immigration court generally retains exclusive jurisdiction over your adjustment of status application (Form I-485) while you remain in removal proceedings, even if your case has been administratively closed.
If your case has been administratively closed, you must request that the court reschedule and then terminate or dismiss your removal proceedings.
If I am in removal proceedings pending before an immigration judge, am I eligible for this process? Who will decide my parole application?
Non-citizens in removal proceedings may apply to USCIS for temporary parole if they qualify under this process. USCIS will evaluate, on a case-by-case basis, the existence and circumstances of the removal proceedings as well as any favorable factors of the applicant to determine whether to grant temporary parole. However, non-citizens in removal proceedings who are deportation priorities will not be eligible for temporary parole.
If my parole application is pending and I am found by CBP or ICE, can I be deported?
If you do not pose a threat to national, public, or border security, you should not face issues. However, CBP and ICE retain discretion to place non-citizens into removal proceedings.
If USCIS denies my parole application, will I be placed into removal proceedings?
Generally, if USCIS denies a temporary parole application, they will not issue a Notice to Appear (NTA) nor refer your case to ICE because of the denial, unless DHS determines, at its discretion, that you pose a national security, public safety, or border security threat.
This process does not prevent DHS, in its discretionary authority, from taking enforcement actions in accordance with immigration law against non-citizens who may be eligible for or have filed parole in place petitions under this process.
If I have a criminal record, can I apply for temporary parole under this process?
All applicants will undergo national security and public safety screening as part of this process. Those who pose a threat to national or public safety will be disqualified from this process and may be referred for law enforcement actions as appropriate. If a non-citizen poses a threat to national or public safety, DHS may detain, deport, or refer them to other federal agencies for further investigation, prosecution, or verification as appropriate.
What criminal convictions disqualify someone from the process?
Criminal convictions that disqualify someone include those that likely render a person ineligible for adjustment of status. They also include convictions that, although they do not render a person ineligible, justify disqualification from the process at USCIS’s discretion.
All serious crimes will disqualify an individual under this process. The following convictions will also result in disqualification, whether they involve a serious or minor offense. DHS reserves the right to determine what other offenses are grounds for disqualification, even if not listed:
• Murder, torture, rape, or sexual abuse
• Offenses involving firearms, explosives, or destructive devices
• Engaging in activities related to servitude, slavery, involuntary servitude, and human trafficking
• Aggravated assault
• Offenses involving child pornography, sexual abuse or exploitation of minors, or solicitation of minors
• Domestic violence, harassment, child abuse, child neglect, or child abandonment
• Offenses related to controlled substances (other than simple possession of 30 grams or less of marijuana)
All other criminal convictions not mentioned, except for minor traffic violations, may render you ineligible for this process.
If I have a conviction for driving without a license or with an expired license, can I apply?
Yes. Convictions for minor traffic offenses, including driving without a license or driving with an expired license, will not make you ineligible for this process or create a presumption of ineligibility, so you may submit your application.
Can I include my child in the application?
Non-citizen children of potential applicants can be considered for temporary parole under this process along with their non-citizen parent. For this, the child must be physically present in the United States without admission or parole before June 17, 2024, and must have a qualifying stepchild relationship with a U.S. citizen before that date. To qualify as a stepchild under the Immigration and Nationality Act, the non-citizen child must be unmarried, under 21 years old, and the marriage of their non-citizen parent and U.S. citizen step-parent or stepmother must have occurred before the child turned 18 years old.
Work Permit
If I am approved for temporary parole, when can I apply for a work permit? Can I apply for it at the same time as I apply for temporary parole?
If you apply for temporary parole and your petition is approved, you are immediately eligible to apply for an EAD (Employment Authorization Document). For this, you must submit Form I-765, Application for Employment Authorization, under category (c)(11).
Can I travel if I am granted parole?
If your parole is approved, this does not authorize you to return to the United States if you decide to leave the country. If you leave the United States after being granted parole, it will automatically terminate.
If you leave the United States without a travel permit (advanced parole), you run a significant risk of not being able to return to the United States and may also lose eligibility for future immigration benefits.
Provisional Waivers for Unlawful Presence I-601
I have a pending Form I-601A; can I apply for parole in place?
Yes, you can apply for this process even if you have a pending Form I-601A. If parole is granted, you may be eligible to apply for adjustment of status. If this happens, the provisional waiver for unlawful presence will be canceled.
My Form I-601A was approved, but I have not yet left the United States to attend a consular interview. Can I apply for parole in place?
Yes. If you are in the United States without admission or parole, you are eligible for this process and deserve a favorable exercise of discretion, USCIS can approve your application even though your Form I-601A has already been approved.
I previously submitted a Form I-601A. Will they prioritize the consideration of my Form I-131F (parole in place)?
USCIS may prioritize your Form I-131F (parole in place) if you have a pending or approved Form I-601A. For this, you must include your receipt number from Form I-601A in your Form I-131F application.
If my parole in place application is rejected, does this affect the decision on my pending Form I-601A?
No. The denial of a parole in place application does not affect the adjudication of Form I-601A. Keep in mind that the reasons why your parole was denied may affect eligibility for a provisional waiver for unlawful presence.
If my application under the parole in place program is rejected, can I submit a Form I-601A?
Yes. Form I-601A has different eligibility requirements from the parole in place process.
In Summary
All the information presented was taken from the official USCIS website. If you have any specific doubts, you can call us for a consultation at 571-583-0791. Stay tuned to our publications to stay informed about the Biden “parole in place” process.