Biden's 'parole in place' program for undocumented immigrants is on pause. What to know
A Biden administration program that would ease the pathway to legal status for about half a million undocumented spouses and stepchildren of U.S. citizens is on pause until Sept. 23 due to a federal judge’s order.
U.S. Citizenship and Immigration Services is still receiving applications for the program, known as “Keeping Families Together,” although the agency cannot issue any decisions during the pause.
The Journal Sentinel spoke with Wisconsin legal and immigration experts about the ins and outs of the program. Here’s what to know.
How does the Keeping Families Together program, or parole in place, work?
“Keeping Families Together” is a temporary immigration relief that allows undocumented spouses and stepchildren of U.S. citizens to apply for a status known as “parole in place.” It was introduced by the Biden administration through an executive order in June.
Parole in place status would allow someone to work and apply for a green card while remaining in the U.S. with their family.
Typically, undocumented immigrants who are married to U.S. citizens are required to leave the country in the process of legalizing their status, which can take about five years, according to Erin Barbato, the director of the Immigrant Justice Clinic at the University of Wisconsin Law School.
That can separate mixed-status families and cause them immense emotional and financial burdens, including those with undocumented family members who are “well-established” and “considered a part of our community,” Barbato said.
“They wait in limbo for an incredible amount of time that could be eliminated through this (parole in place) program,” Barbato said.
If granted, the parole in place status is generally valid for three years and is not renewable. If someone is not able to adjust their status after these three years, they will lose their legal permission to stay in the U.S.
How many people could be eligible for parole in place?
The Department of Homeland Security estimates 550,000 people in the country would qualify. In Wisconsin, an estimated 70,000 people in Wisconsin are undocumented, and 10,000 of them are married to a U.S. citizen, according to the Migration Policy Institute.
However, not all unauthorized immigrants are eligible for this program.
What are the main requirements to qualify for parole in place?
If you are the spouse of a U.S. citizen, you must have been married on or before June 17, 2024, and lived in the U.S. continuously since at least June 17, 2014.
If you are the stepchild of a U.S. citizen, you must have a noncitizen parent who married a U.S. citizen on or before June 17, 2024, and before your 18th birthday. You must have been continuously present in the U.S. since at least June 17, 2024.
Applicants must also have entered the country without presenting themselves to an immigration official and have no “disqualifying criminal history,” among other requirements you can learn about on the USCIS website.
What would disqualify me from parole in place?
People who are not eligible for the program include:
- People who have advance parole. Those with advance parole can already apply to adjust their immigration status without leaving the U.S.
- People who entered with a visa and stayed after the visa expired.
- People who have previously been deported and re-entered without presenting themselves to an immigration official.
- People with any felony or certain misdemeanor convictions, such as domestic violence or possession of more than 30 grams of marijuana. For more examples of disqualifying criminal records, check the USCIS website.
What will happen now that the parole in place program is on pause?
The program is on pause until Sept. 23 by a federal judge’s order in response to a lawsuit brought by 16 Republican-led states.
While the program is paused, U.S. Citizenship and Immigration Services has continued accepting applications, but is not granting any parole in place requests.
As an immigration attorney at Voces de la Frontera, Ruby De Leon is not surprised to see the legal challenge to this program. Immigration relief programs like Deferred Action for Childhood Arrivals and temporary protected status have also been temporarily blocked in the past.
As the pause continues, Barbato said she and other colleagues continue to work with clients to apply for parole in place in the hopes that the pause will be lifted. In the meantime, clients still have the option to apply for permanent residency by leaving the U.S.
“We're trying to be realistic and prepare for every option,” Barbato said.
What are the risks of applying for parole in place?
If you are worried about exposing your undocumented status to the government, you are not alone.
De Leon and Barbato say risk of deportation is low under the Biden administration as long as the applicant does not have a serious criminal record. This is because the current administration has focused on prioritizing the deportation of people who have serious criminal records or pose a threat to public safety and border security.
However, the administration will change next year after the November elections. If the new administration’s immigration policies include prioritizing the deportation of anyone who is in the U.S. without permission, applicants could be at risk of deportation if their cases are not approved by then.
Legal experts said it is best for families who are considering applying to contact an immigration attorney who can help them understand their options and the risks.
What should I do if I'm a DACA recipient thinking of applying to the parole in place program?
Immigration lawyers generally encourage DACA recipients to apply for advance parole instead of the Keeping Families Together program. Advance parole is a renewable travel document that allows some noncitizens to return to the U.S. lawfully after temporarily traveling abroad for educational, employment or humanitarian reasons.
The parole in place program, in contrast, is not renewable and will automatically terminate if someone travels outside of the U.S.
DACA recipients who have already obtained advance parole can apply for permanent residency from within the U.S. if they have a U.S. citizen spouse or stepparent.
Given the different forms of relief DACA recipients are eligible for, they are encouraged to speak with an immigration lawyer to discuss their individual circumstances.
Can I apply to the parole in place program if I'm an asylum seeker or in removal proceedings?
Yes, if you meet all of the qualifications. U.S. Citizenship and Immigration Services will consider the relevant information in your removal proceedings to determine whether or not to grant you parole.
If you have a final removal order but have not yet left the U.S., you can apply to this program if you meet the criteria. However, you would need to prove that you are not ineligible through a process called “rebuttable presumption of ineligibility.” You can see the details on how this process works on the USCIS website under “Removal Proceedings and Removal Orders.”
What does the parole in place application process look like?
To apply for the parole in place program, you will need to file the form I-131F online and pay a fee of $580. You can do this by creating a myUSCIS account, and selecting the “I-131F Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens” form.
You will be asked to upload a photo ID of yourself, proof of your spouse or stepparent’s U.S. citizenship, and evidence of your relationship to the U.S. citizen.
You will also be asked to write an explanation of why you qualify for the program. Catholic Charities immigration attorney Barbara Graham recommends applicants write about their personal lives and include information such as their ties to the community, their status as a caregiver, and how long they have been in the U.S.
“They want to see that you’ve been here,” Graham said during a recent information session about the program in Milwaukee.
In addition, you will be asked to prove your continuous presence in the U.S. through documents. That could be immigration documents showing the date of your entry, rent receipts, utility bills, tax returns, school records, hospital or medical records, among others. For a more extensive list of potential documents you can use, check the Keeping Families Together FAQ page.
After you submit your application, USCIS will contact you for next steps. You must undergo background checks, submit biometrics, and go through public safety and national security vetting.
How do I find a credible immigration lawyer in Milwaukee or southeast Wisconsin?
If you or a family member are interested in the Keeping Families Together program, legal experts recommend getting in touch with a credible immigration lawyer to explore your options.
Catholic Charities has a list of vetted private lawyers. To make sure your lawyer is credible, you can also contact Voces de la Frontera at 414-643-1620 from Monday to Friday.
For general inquiries, Catholic Charities has a video guide on how to fill out the application in English. You can also get in touch with Voces de la Frontera for questions you have about the program.
Information sessions on this program are held every Wednesday at 3:00 p.m. at Catholic Charities at 1233 S. 45th St. in Milwaukee.
Voces de la Frontera will also hold a legal clinic on Sunday, Sept. 15 at 10 a.m. at its Milwaukee office at 1027 S. 5th St.
Do you or a family member have thoughts you want to share about what the parole in place program means for you? Eva Wen is a data reporter for the Journal Sentinel. She can be contacted over the phone, Signal or WhatsApp at 646-943-4271. Bridget Fogarty is a suburban communities reporter for the Journal Sentinel. She can be contacted by email at bfogarty@gannett.com.