Impact of Court Review on the Family Unity Parole-in-Place Program and How it Affects You?

Posted on 09/03/24

Last month, Federal District Court Judge J. Campbell Barker of the Eastern District of Texas placed a temporary administrative hold on the Keeping Families Together Parole-in-Place (PIP) program. This order came in response to a lawsuit filed by a coalition of 16 Republican-led states, which contested the legality of the program. Despite this setback, the United States Citizenship and Immigration Services (USCIS) continues to accept applications for the program, although approval of any applications has been suspended until further notice.

The temporary hold on the program is anticipated to last until at least mid-October, when Judge Barker is expected to deliver a ruling that will determine the fate of the family unity policy. Should the program proceed, it has the potential to affect approximately 500,000 spouses and stepchildren of U.S. citizens, allowing them steps toward securing their presence in the United States, provided they meet the set eligibility criteria.

For those affected by these developments, or for anyone seeking guidance on Parole-in-Place, our team at the Law Offices of James A. Welcome is here to provide support. Our experienced immigration offers informed and timely legal support to ensure that our clients are both aware of and prepared for any changes that may impact their family’s future in the U.S.

What Is Parole in Place?

Parole-in-Place (PIP) is a program that helps certain noncitizen spouses and stepchildren of U.S. citizens stay in the U.S. legally. By applying through Form I-131F, eligible family members can avoid the risk of being separated from their loved ones. The program not only prevents family breakup but also allows these individuals to apply for work permits, making it easier for them to work and support their families while in the U.S. The application process requires a fee of $580 and is reviewed carefully by USCIS to ensure all requirements are met.

To qualify for Parole-in-Place, applicants must meet specific criteria. Firstly, they need to be currently living in the U.S. without formal admission. For spouses of U.S. citizens, continuous residence in the U.S. since June 17, 2014, is required, while stepchildren need to have lived continuously in the U.S. since June 17, 2024. Additionally, a valid marital relationship is necessary, meaning spouses must have been legally married to a U.S. citizen as of June 17, 2024, and stepchildren’s noncitizen parent must have been married to a U.S. citizen before the same date and before the stepchild turned 18. 

Applicants must also have a clean criminal record and not pose any threat to national security or public safety. Finally, discretionary approval is essential and requires a compelling explanation of why the applicant deserves to stay, emphasizing their community ties, family relationships, and positive contributions. An experienced immigration attorney can strongly support your Parole-in-Place application.

Why You Should Still Apply for Parole-in-Place

Despite the current pause on reviews by the USCIS for applications submitted under the Parole-in-Place program, there are several reasons to consider applying now with the guidance of our immigration team. Although applications are not being processed at this moment, the potential for the program to be reinstated after the judge’s forthcoming ruling makes early application advantageous.

The benefits of submitting your application sooner rather than later cannot be overstated, particularly if you have an opportunity like this that can streamline your pathway to permanent residency and help protect your status. Delaying your application could result in missed opportunities, especially if the program restarts and there is a surge in applications leading to longer processing times.

The application fee for Parole-in-Place is currently $580 per application. This does not include additional legal fees should you choose to retain legal counsel to assist in your application process. When considering your options, it’s important to assess all available pathways and review what steps you have already taken in your immigration journey. If you meet the eligibility requirements and do not have any pending issues with your case, it is advisable not to delay applying—even as the approval process remains on hold.

Given the complexities and the significant stakes involved, it is important to have a thorough understanding of the program, the current legal injunction, and any developments regarding the program’s status. We highly recommend scheduling a confidential Parole-in-Place consultation with Attorney James A. Welcome. During this consultation, you can get detailed answers about the program, understand the implications of the current legal challenges, and develop a plan for your immigration case. Our team at the Law Offices of James A. Welcome is committed to providing the legal guidance you can trust.

Have Courts Previously Blocked Immigration Programs?

Immigration policies often run into legal challenges, and it’s not unusual for programs like Parole-in-Place to end up in court. For instance, other policies such as DACA (Deferred Action for Childhood Arrivals) have been in and out of the courts for many years. Similarly, policies from the Trump administration, like the “Remain in Mexico” policy, were also blocked in court, showcasing the frequent legal obstacles these programs encounter. These legal battles can extend over many years, creating significant uncertainty for the individuals who depend on these programs.

These continual legal disputes highlight the evolving relationship between immigration policy and judicial intervention. They affect not just the individuals directly involved but also have broader implications for ongoing immigration policy and reform debates nationally. Amidst these ongoing legal battles, it’s critical to stay informed about the latest developments. Attorney James A. Welcome is dedicated to keeping up-to-date with these changes. This commitment ensures that he can provide the most current and effective guidance to those navigating immigration law.

Three Key Questions To Ask an Immigration Attorney Before Your Hire Them

  1. What challenges do you anticipate in my case? An experienced attorney will be straightforward about potential hurdles in your immigration case. They will identify areas that could complicate your application, such as prior criminal convictions or strained marital relationships that may affect the outcome. The aim of an experienced attorney is to gather all relevant facts and build a robust case for you. Your immigration attorney should be well-prepared to help you navigate whatever lies ahead.
  2. What type of experience do you have with cases like mine? Each case is unique and comes with its own set of challenges. As discussed, immigration policy is constantly changing, and court rulings can affect both the application and approval processes. It’s important to choose an attorney with extensive knowledge and experience relevant to your specific situation. You should ask how long they have been practicing, whether they have managed cases similar to yours, and if they will need to collaborate with other parties should they be unable to handle all aspects of your case alone.
  3. What are past clients saying? Feedback from past clients is invaluable when assessing an immigration attorney’s effectiveness. In addition to seeking personal testimonials, Google reviews provide insights into the experiences of other clients, offering a broader perspective that can help you make an informed decision.

Why You Should Reach Out to Our Connecticut Immigration Law Firm

Attorney James A. Welcome is well-versed in applying for Parole-in-Place and the specific eligibility requirements it entails. He has been an advocate for immigrants’ rights in Connecticut and throughout the United States, ensuring that his clients receive the representation they deserve. Despite the current hold placed by the district court in Texas, we are actively following the developments and are hopeful for a positive ruling that will allow the program to continue.

It is important to note that despite the pause, eligible applicants should not hesitate to submit their applications to USCIS. If you meet the eligibility criteria and have no pending issues, applying now may be advisable.

At the Law Offices of James A. Welcome, you’ll find a bilingual team of skilled immigration paralegals and attorneys ready to support your interests and fight for your rights. Our confidential immigration consultations are designed to focus on your most pressing questions, providing a clear and focused path forward for your application.

To book an immigration consultation for your Parole-in-Place application or for any other family-based immigration matter, contact the Law Offices of James A. Welcome at (203) 753-7300. Our team is committed to guiding you through your immigration journey.