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 will explain 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.
1. How This New Administrative Order Can Help
Biden’s new administrative order is meant for noncitizen aliens who entered the U.S. illegally.
In immigrating to the U.S. as family of U.S. citizen or U.S. permanent resident, the eligible noncitizen can get an immigrant visa from U.S. embassy abroad, and legally enter the U.S. with the immigrant visa. Soon after such entry, a green card gets mailed to the noncitizen inside the U.S.
Another way to immigrate based on family relationship is for the noncitizen alien to get a nonimmigrant visa from the U.S. embassy, enter the U.S. legally with the nonimmigrant visa; and then based on the family relationship, the noncitizen can adjust the status from nonimmigrant to immigrant from within the U.S., and then receive the green card.
However, noncitizens who illegally entered the U.S. without visas and thus entering the U.S. without proper inspection and admission (called “Entry Without Inspection (EWI)”), cannot adjust their non-existent status to that of an immigrant, even if such EWI noncitizens are married to a U.S. citizen.
Before the Biden’s administrative order, the only possible venue for EWI noncitizens was to apply for an “extreme hardship waiver” to ask for forgiveness of the entry without inspection, based on persuading the USCIS on how the hardship is extreme and beyond the ordinary hardships of family being split and the difficulty of going back to the home country, and also how it is better to allow such noncitizen alien to stay in the U.S. rather than to deport them. This was a very difficult, lengthy, and costly process.
Moreover, since the EWI noncitizen lacking the proper admission is the problem of their green card application, sometimes the EWI noncitizens had to take the risk and leave the U.S. and try to return to the U.S., this time through proper inspection and admission, to have the U.S. entry record so that it can be adjusted to that of a U.S. permanent resident (immigrant, with green card as proof of U.S. permanent resident status). But the problem was that sometimes the noncitizens were denied of entry to the U.S. when they depart the U.S. and try to return, and thus subsequently the families got split.
The new administrative order establishing “Keeping Families Together” process allows for the EWI noncitizens to obtain a “parole-in-place (PIP)”. A “parole” in this context is not an actual admission to the U.S., but akin to a permission to be inside the U.S. This PIP does not require the noncitizen to leave the U.S. (thus “in-place”) in order to get the proper U.S. entry record, so the noncitizens do not have to risk being turned away at the U.S. border. If PIP is granted, noncitizens can also apply for employment authorization a.k.a. work permit, as well as possibility of applying for green card application.
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: 8/21/2024