Biden Parole in Place Attorneys in miami

On June 18, 2024, President Biden announced a revolutionary new policy called “parole in place” that could allow hundreds of thousands of individuals who were previously inadmissible to obtain a green card.  The new policy specifically benefits individuals who had previously entered the country illegally.  Those individuals previously were barred from adjusting status to a legal permanent resident unless they left the country and reentered lawfully. To make matters worse, most of those individuals would be subject to a three or ten year bar due to their unlawful presence in the United States.

The Department of Homeland Security estimates that Biden’s Parole in Place Policy makes over 500,000 noncitizen spouses and 50,000 noncitizen children immediately eligible for relief.  However, not every individual will be eligible for Biden Parole in Place. Interested individuals are encouraged to consult with an experienced immigration attorney to determine eligibility as well as possible bars for criminal convictions. 

Am I Eligible for Biden Parole in Place?

Biden Parole in Place is granted on a case-by-case basis for a discretionary grant of parole for the purposes of obtaining a green card. You may be eligible to apply if you meet the following requirements:

If you are the noncitizen spouse of a U.S. citizen, you must:

• Be present in the United States without admission or parole;
• Have been continuously physically present in the United States since at least June 17, 2014;
• Have a legally valid marriage to a U.S. citizen on or before June 17, 2024;
• Have no disqualifying criminal history and otherwise are not deemed to be a threat to public safety, national security, or border security; and
• Submit to biometrics and undergo required background checks.

If you are the noncitizen stepchild of a U.S. citizen, you must:

• Be present in the United States without admission or parole;
• Have been under the age of 21 and unmarried on June 17, 2024;
• Have been continuously physically present in the United States since at least June 17, 2024;
• Have a noncitizen parent who entered into a legally valid marriage to a U.S. citizen on or before June 17, 2024 and before your 18^th birthday; 
• Have no disqualifying criminal history and otherwise are not deemed to be a threat to public safety, national security, or border security; and
• Submit to biometrics and undergo required background checks.

It is important to note that an individual must meet these requirements as of June 17, 2024.  Therefore, if you or your parent got married to a United States citizen after that date, you are not eligible.  Biden Parole in Place also does not create any new waivers for criminal convictions which is why it is important to review any criminal record with an attorney before filing. 

The United States Citizenship and Immigration Services (“USCIS”) has stated that they will determine whether a grant of parole is warranted based on a significant public benefit or urgent humanitarian reasons and whether the applicant merits a favorable exercise of discretion.  In making this decision, USCIS will take into consideration the applicant’s prior immigration history, criminal history, the results of background checks and national security and public safety, and other relevant information available to or requested by USCIS. 

How To Request Biden Parole in Place?

Beginning on August 19, 2024, eligible applicants can request parole in place by filing Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens.  The form must be filed online and a separate form must be filed for each eligible individual.  In addition to filing the form, each applicant must file sufficient evidence proving that they meet the eligibility criteria for parole in place under Keeping Families Together.

After filing form I-131F, you will be required to provide biometrics, including fingerprints, photographs, and a signature.  The purpose of biometrics is to determine the applicants identity and any criminal record.  After biometrics are taken, there will likely be a long waiting process for a response. The applicant could be set for an interview or a decision could be sent in the mail. 

If the request for parole in place is approved, the applicant will be granted parole for a period of three years.  It’s important to keep in mind that a grant of parole is not a green card. A grant of parole simply means that the government is legally authorizing you to be in the United States. To obtain a green card, the individual would still need to file the proper paperwork to adjust status to a legal permanent resident. 

Benefits of Biden Parole in Place

Biden Parole in Place grants an individual parole into the United States. In other words, Biden Parole in Place can cure a prior unlawful entry which would otherwise prevent an individual from obtaining a green card.  After obtaining a green card, an individual would then be able to get driver’s license, a social security card, work authorization, and a path to U.S. citizenship. 

Can I Leave the United States after Obtaining Biden Parole in Place?

No, USCIS has specifically stated that a grant of parole in place through Keeping Families Together does not authorize parole back into the United States after departure.  In addition, if you depart the United States after being granted parole in place, it will automatically terminate your parole.   

Find an Attorney for Biden Parole in Place in Miami, FL

If you or a family member is interested in applying for Biden Parole in Place, contact Hubbs Law today. E.J. and Erika Hubbs handle both immigration and criminal cases and will thoroughly review you or your family member’s eligibility for Biden Parole in Place. 

Hubbs Law represents immigration clients in Miami and throughout Miami-Dade County, including, Doral, Pinecrest, Cutler Bay, Westchester, Palmetto Bay, Hialeah, North and South Miami, Miami Beach, Homestead, Kendall, and anywhere else in the area.

Give Hubbs Law a call today. Our attorneys analyze every case with great care and will thoroughly evaluate your case.  Call today to schedule your consultation at 305-570-4802.

Additional Resources

• United States Citizenship and Immigration Services - Find important updates from USCIS regarding Biden Parole in Place, eligibility requirements, forms, and fees.
• Immigrant Legal Resource Center – The American Immigration Council strives to strengthen the United States by researching, analyzing, and writing immigration policies. 
• U.S. Department of Justice - Find information on immigration court at the Miami Immigration Court at 333 South Miami Avenue in Miami, FL.
• Department of Homeland Security - Find information on the Department of Homeland Security including the location of someone in ICE custody, updates on DHS and ICE immigration policies, and locations for DHS offices of the Chief Counsel.