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.
4. How To Apply
The new PIP application under the new administrative order can be made by filing the USCIS Form I-131F, “Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens”.
Form I-131F is the new USCIS form created under the new administrative order, and it can only be filed electronically through the USCIS online account. There are no paper-based form in existence, and any paper submission of the form or its supporting documents will be rejected.
The USCIS filing fee is $580.00, and this fee can only be paid online. There are currently no fee waivers or fee exemptions for this PIP application.
Any supporting documents and evidence related to the application can only be uploaded via the USCIS online account. Any USCIS notices of filing receipt, biometrics appointment, request for evidence (RFE), and decision on the applications are delivered electronically, and USCIS will not mail any physical notices related to this PIP application.
Furthermore, each family member (e.g. noncitizen spouse and the stepchild) must make their own USCIS online account and each file their own applications separately.
A valid email address is required in order to create the USCIS online account, at my.uscis.gov website. For children under 14, the parent/legal guardian may prepare and electronically file the PIP application on the child’s behalf.
USCIS provided a “Filing Guide for Form I-131F” and this guide shows the I-131F form itself, and explains how to fill out the form and also upload the required documentations.
Some of the basic documents required for the PIP application include the EWI noncitizen applicant’s official photo ID, proof of U.S. citizenship of the U.S. citizen spouse/stepparent, and proof of marriage (and also birth certificate if applicant is the stepchild).
EWI noncitizen spouse must also prove their continuous physical presence in the U.S. for at least 10 years, which can utilize documents like the tax transcript, proof of paying rent or utility bills, bank records, insurance records, school/hospital records, and records from the religious organizations.
If applicable, proof of termination of prior marriages, name change, death certificates, etc. may also be necessary.
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