The U.S. Department of Homeland Security (DHS) has kicked off a new immigration program initiated by the Biden administration as of August 19, allowing around 500,000 eligible “undocumented immigrants” to obtain legal status while waiting for interviews or even without the need for interviews in their home country. Although this is seen as an opportunity by many, legal experts point out that there are some potential risks associated with it.
During a community meeting on August 22 (Thursday), Jose A. Serrano, the director of the Orange County Office of Immigrant and Refugee Affairs (OIRA), informed a reporter from Epoch Times that the new immigration program called “Keeping Families Together” is essentially an expansion of the “Parole in Place” (PIP) policy by the U.S. government, extending its benefits to certain undocumented spouses and stepchildren of U.S. citizens who have resided in the U.S. for over 10 years.
“Parole in Place” is a term used to describe the situation where immigrants initially entered the U.S. unlawfully but are now within the country. Previously, this policy was only applicable to certain relatives of military personnel and veterans.
Heather Kwak, the director of the Southern California office of World Relief, which provides immigration legal services, emphasized that once the PIP application under the “Keeping Families Together” program is approved, applicants can obtain a three-year work permit and may be eligible to apply for a green card based on their individual circumstances.
So, what are the specific application procedures and eligibility requirements for applicants? Kwak provides a detailed explanation.
Starting from August 19, the U.S. Citizenship and Immigration Services (USCIS) officially began accepting PIP applications under the “Keeping Families Together” program. Applicants must submit the I-131F immigration form online and pay a fee of $580. It is important to note that this fee is mandatory and cannot be waived.
Kwak warns that the PIP applications for some U.S. citizens’ spouses and stepchildren can only be submitted online and cautions against anyone claiming they can assist with submitting a paper application, as this could be fraudulent.
After filling out the I-131F form online, applicants are required to write an approximately 2,000-word statement explaining why they need PIP approval and why they are qualified to apply, among other details.
Once all the information is completed, applicants must also provide all the necessary evidence to prove their eligibility, including marriage certificates, children’s birth certificates, tax records, and more.
“As this is an initial stage of the program, we are unsure of the application processing time. Everyone is taking it one step at a time,” Kwak informed reporters, adding that once approved for PIP, applicants can apply for and receive a three-year valid work permit, become eligible for a Social Security number, and in most cases, will not face deportation.
However, Kwak clarified that PIP approval does not automatically grant green card status. She stated, “PIP is just a bridge to transform your initial illegal entry status into a ‘legal’ one, and then you can apply to change your status to a permanent resident (green card holder) through your lawful U.S. citizen spouse, depending on the case.” Importantly, applicants do not have to return to their home country for interviews, significantly reducing the risks associated with waiting in their home country.
To qualify for “Parole in Place” under the new program, applicants must meet all of the following criteria:
1) Must be a non-citizen spouse of a U.S. citizen, residing in the U.S. without proper authorization upon initial entry;
2) Must have resided continuously in the U.S. for at least 10 years by June 17, 2024;
3) Must have had a valid and legal marriage with a U.S. citizen by June 17, 2024;
4) Must not have certain criminal records that pose a threat to public safety, national security, or border security;
5) Must submit fingerprints and undergo background checks and national security screening.
In addition to spouses, around 50,000 undocumented stepchildren of U.S. citizens may also apply, provided they meet all of the following qualifications:
1) Must be unmarried and under 21 years old by June 17, 2024;
2) Must be residing in the U.S. without proper authorization upon initial entry before June 17, 2024;
3) Must not have left the U.S. since June 17, 2024, until the application submission;
4) Must have had a parent legally married to a U.S. citizen by June 17, 2024, before the child turned 18;
5) Must not have certain criminal records that pose a threat to public safety, national security, or border security;
6) Must submit fingerprints and undergo background checks and national security screening.
Kwak emphasized that applicants must strictly meet the relevant criteria. Those who were originally admitted to the U.S. with legal visas, such as tourist, student, or work visas, and if their spouse is only a U.S. permanent resident, do not qualify for the application.
For eligible candidates, there is no requirement to possess an I-130 form (alien relative petition) to submit a PIP application; even if they are in deportation proceedings, they can still apply.
“This program is indeed designed for those who have been living and working here for over 10 years,” Kwak explained, mentioning that the U.S. Citizenship and Immigration Services will ultimately consider individual applications based on factors like emergencies and humanitarian grounds.
The immigration office stresses that applicants must provide accurate information, as any false documents will lead to immediate rejection of the application.
While this program may bring good news to many, Kwak cautioned that applicants need to be aware of the potential risks involved. For example, individuals who have never submitted any applications to immigration authorities before may expose their status through this program; those with previous deportation orders may face reinstatement by the DHS; and there is uncertainty, as future administrations could alter the rules.
If the PIP application under the “Keeping Families Together” program is denied, the immigration office stated that in general, individuals will not receive a Notice to Appear (NTA) or have their cases transferred to the U.S. Immigration and Customs Enforcement (ICE) for enforcement actions, unless the DHS determines the applicant poses a threat to national security, public safety, or border security. ◇