Does the Parole In Place Program Automatically Grant a Green Card In USA? Know Details

The Parole in Place (PIP) program has been a topic of much discussion, especially following the recent expansion under President Joe Biden.

This initiative, which came into effect on August 19, 2024, offers undocumented immigrants who are married to U.S. citizens the chance to stay legally in the United States while applying for permanent residency. However, many people wonder: does Parole in Place automatically grant a Green Card?

Parole in Place

Parole in Place is a special program designed to help certain undocumented immigrants remain in the U.S. legally while they work through the process of adjusting their status.

This program is particularly beneficial for the spouses of U.S. citizens, as it helps them avoid deportation while they seek to become lawful permanent residents.

However, it’s important to clarify that being granted Parole in Place does not mean you automatically receive a Green Card.

The Green Card Process

While PIP provides temporary relief and allows individuals to remain in the U.S., it is only the first step in a longer journey toward obtaining permanent residency. To receive a Green Card, applicants must go through the standard process for adjustment of status. This involves several key steps:

1. Eligibility Requirements: To apply for a Green Card after receiving Parole in Place, you must meet all the eligibility criteria for adjustment of status under the Immigration and Nationality Act (INA) 245(a). This includes having been paroled into the U.S. and being physically present in the country when filing your application.
2. Filing Form I-485: You must properly file Form I-485, Application to Register Permanent Residence or Adjust Status, along with the required fee. This form is the official application for a Green Card.
3. Immigrant Visa Availability: You must be eligible for an immigrant visa, which could be based on an approved Form I-130 (Petition for Alien Relative) from a U.S. citizen spouse or parent, or an approved Form I-360 if you are a qualifying widow(er).
4. Admissibility: You need to be admissible to the United States or qualify for a waiver of inadmissibility if necessary. This means you must not have disqualifying factors such as certain criminal convictions or immigration violations.
5. Discretionary Approval: Even if you meet all the above requirements, the U.S. Citizenship and Immigration Services (USCIS) must exercise favorable discretion to approve your application. This means they will consider your overall situation, including your character, family ties, and contributions to the community.

Special Considerations and Temporary Suspension

One notable feature of the PIP program is that it allows you to apply for a Green Card without leaving the U.S., which can be crucial since illegal entry is often a barrier to adjusting status.

Additionally, if you are applying as a stepchild, you must be under 21, unmarried, and your parent must have married a U.S. citizen before you turned 18.

It’s also important to be aware that as of August 26, 2024, the Parole in Place program has been temporarily suspended for 14 days due to a federal lawsuit filed by Republican governors. During this suspension, USCIS continues to accept applications, but approvals are on hold.

Documentation for Adjustment of Status

If you have received Parole in Place and are looking to adjust your status, you will need to prepare the following documentation:

• Form I-485: This is the primary form required for applying for a Green Card.
• Proof of Parole: Documentation showing you were paroled into the U.S.
• Immigrant Visa Petition: An approved Form I-130 or I-360, depending on your eligibility.
• Evidence of Eligibility: Documents proving your eligibility for an immigrant visa, including your marriage certificate if applying through a U.S. citizen spouse.
• Proof of Admissibility: Records that demonstrate you are admissible to the U.S., or proof that you are eligible for a waiver if necessary.

The Parole in Place program offers significant benefits, but it does not guarantee a Green Card.

By understanding the process and ensuring you meet all requirements, you can increase your chances of successfully adjusting your status and obtaining permanent residency.

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