On June 18, 2024, the Biden administration announced the new administrative order. This administrative order helps eligible noncitizen aliens who entered the U.S. without visa, by allowing “parole-in-place (PIP)” to resolve the illegal entry problem and enable them to possibly apply for green cards. The final details of this order were announced on August 19, 2024. I explained in 4 parts, as to how this new administrative order can help people, who would benefit from this order, what are the eligibility requirements, and how to apply.
While the administrative order and its details were only recently announced on August 19, 2024, a number of states have already challenged the PIP process via a federal lawsuit (6:24-cv-00306-JCB), filed in U.S. District Court for Eastern District of Texas on August 23, 2024. The complaint alleges that such administrative order for the new PIP process is unconstitutional, and a motion was filed for a court order to stay (i.e. temporarily halt) the new PIP process. This was somewhat anticipated, as similar challenge was made when DACA was first announced. On August 26, 2024, the district court issued the administrative stay order, pausing DHS from granting parole in place under Keeping Families Together for 14 days.
To comply with the district court’s administrative stay, USCIS will not grant any pending PIP requests under Keeping Families Together while the stay order is in place. However, USCIS will continue to accept the Form I-131F filings for the PIP request, as well as to schedule biometric appointments and capture biometrics (fingerprints) at Application Support Centers. The district court’s administrative stay order does not affect any applications that were already approved before the administrative stay order was issued at 6:46 P.M. Eastern Time on August 26, 2024.
Although the court order provided deadlines for filing documents to move the case forward, it is hard to predict the outcome of the pending lawsuit and subsequently what will happen to this PIP process. I believe it is safer for eligible noncitizens to still prepare to make the PIP request, but seeking legal guidance is recommended while monitoring how the current legal challenge unfolds.
Immigration matters are time-consuming and requires a lot of paperwork. Any mistakes could mean delayed processing, or even denial. Especially for people who are already in a risky situation, it would be best to consult an attorney about the options and get professional help.
Should you have any questions or concerns about the new administrative order, or any general immigration matters, or any other legal matters that our office could help you with, please do not hesitate to contact our office at 718-335-1100 or at [email protected].
Date: 8/26/2024