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.
2. Who Can Benefit From This Administrative Order
In my previous post (Part 1), I explained how this new administrative order can be helpful. I will address who may benefit from this order.
This order is meant for EWI noncitizens (such as those who entered the U.S. without proper inspection or admission, who illegally crossed the U.S. border or entered the U.S. as a stowaway), specifically those EWI noncitizen spouses who were married to the U.S. citizen spouses, and also the EWI noncitizen child of such noncitizen parent who is married the U.S. citizen (thus the stepchildren of the U.S. citizen stepparents).
“Undocumented” can refer to either the EWI noncitizens, or the noncitizens whom had legally entered the U.S. at first but overstaying the visa or the allowed duration of stay inside the U.S. While the noncitizens of both scenarios accrue “unlawful presence” inside the U.S. due to their lack of status, only the EWI noncitizens can benefit from this administrative order and the PIP; the overstaying noncitizens cannot benefit from this new order.
Please note that overstaying noncitizens who are married to the U.S. citizens could apply for green cards and thus would not need the PIP under the new order, assuming that they otherwise meet the eligibility requirements. This is because overstaying the visa (and working without employment authorization a.k.a. work permit) is forgiven for those noncitizen spouses of U.S. citizens that legally entered the U.S. Any children born in the U.S. are already U.S. citizens at birth.
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