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.
3. What Are The Eligibility Requirements
In my previous posts (Part 1, Part 2), I explained how this new administrative order can help people, and also who would benefit from this order. I will discuss the eligibility requirements for the benefits of this new order.
As previously explained, only the noncitizen aliens who are inside the U.S. without proper inspection and admission at the point of U.S. entry, and only those who are either the spouse or the stepchild of a U.S. citizen may apply for the parole-in-place benefit of this order. However, the requirements are different for the noncitizen spouses and for the noncitizen stepchildren.
To be considered for this process as a noncitizen spouse of a U.S. citizen, such noncitizen spouse must:
• Be present in the U.S. without admission or parole (“Entry Without Inspection (EWI)”);
• Have been continuously physically present in the U.S. since at least June 17, 2014 through the date of filing the request;
• Have a legally valid marriage to a U.S. citizen on or before June 17, 2024;
• Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and
• Submit biometrics and undergo required background checks and national security and public safety vetting.
To be considered for this process as a noncitizen stepchild of a U.S. citizen, such noncitizen stepchildren must:
To be considered for this process as a noncitizen stepchild of a U.S. citizen, you must:
• Be present in the U.S. without admission or parole (“Entry Without Inspection (EWI)”);
• Have been continuously physically present in the U.S. since at least June 17, 2024, through the date of filing your request;
• Have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before the stepchild applicant’s 18th birthday;
• Have been under the age of 21 and unmarried on June 17, 2024;
• Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security (unless the stepchild entered the U.S. unlawfully after November 1, 2020, and otherwise meets the criteria for PIP under this process); and
• Submit biometrics and undergo required background checks and national security and public safety vetting
Some of the key differences in eligibility between noncitizen spouses and noncitizen children include the fact that the children need not have been in the U.S. for 10+ years as required for the noncitizen parent, and that the child must be under 21 and unmarried as of June 17, 2024.
While the eligibility seems straight forward, real-life situations may be different.
What if the noncitizen spouse is divorced?
What if citizen spouse is passed away?
What if the marriage was a common law marriage?
What if the parties moved to another state after a common law marriage?
And there may be other important questions, such as:
What if there are criminal records?
What if there is a pending order of deportation?
What if there was a deportation order but you just never left?
The PIP benefit of this new administrative order is discretionary, and not automatic. Even if the basic eligibility requirements are met, USCIS still has the discretion to grant or deny the PIP application, and the application form itself invites the applicants to persuade the USCIS that favorable discretion is warranted.
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