Our Immigration Lawyers have over two decades of experience in Presidential Executive Orders coming down from the White House that benefits non-citizens in the United States. The latest executive order is a provision called Parole in Place (“PIP”).
We have observed the following common scenarios amongst non- U.S. Citizens:
“A new immigration law is on the horizon, and friends and family get very excited. They share news about the new law. Then he or she tries to apply on their own, only to deeply regret it when a final denial or rejection due to the smallest mistake is received from USCIS.”
“Or, a foreign national in the United States may have a criminal record, final removal order or be in removal proceedings, and they self-select out of a path to U.S. Permanent residence, where the new promising law does not automatically disqualify individuals from applying. Weighing humanitarian factors are key when applying.”
It’s important to note that PIP is an application based on humanitarian relief principles. In this blog post, I will explain the PIP facts so you don’t have to get news through the grapevine.
First, it’s important to note that U.S. Citizenship & Immigration Services began accepting PIP applications on the 19th of August 2024. Since then, a Federal District Judge has issued a temporary stay against the legal relief for 14 days. What does this mean? Can you still file for PIP? — The answer is yes, absolutely! U.S. Citizenship & Immigration Services has made it clear that they are still accepting applications over the next 14 days. After the 14-day period, it is unknown what will happen next.
Secondly, relief from USCIS is essential, so it’s critical to move forward in Faith; and take a step toward gaining status in the United States. Eventually, the next step toward legalization will open. The ability to move into ‘step B’ is contingent upon having filed the first step (i.e. Step A). The U.S. immigration landscape is in constant flux, but responding quickly to temporary laws is the only way a non-citizen applicant can benefit, especially when he or she is undocumented.
Let me illustrate here with a historic example. Many undocumented individuals in the United States lost out on the immigration benefits of the 245i Executive Order issued by President Clinton in April 2001. The law provided a permanent block to deportation, and a quasi-path to Green Card (Permanent Resident Status). People missed out due to fear, and lack of a ‘guarantee’. Today 245i is one of the strongest protections available for undocumented individuals living here in the United States.
So, if you or someone you know is sitting back thinking “Why file for the current PIP executive order, which is controversial and riddled with politics”…please hit the ‘ignore’ button and focus on what you can control, which is to timely file your PIP application ASAP.
The final tip here is…If a non-citizen has criminal convictions, a final removal order, or former misrepresentation issues; he or she may still file a PIP application. In such cases, USCIS uses a special direction test to determine if one gets approved or not. Make sure your U.S. immigration lawyer is experienced in this ‘special discretion test’ exercised by the government, which involves humanitarian concerns, overall character; and other mitigating issues which directly impacts the strength of application filed.
I hope this short blog post provided clarity on one’s eligibility for PIP and cleared up possible rumors. Always refer to USCIS website for the actual process for PIP, as that was not the focus of this article post.
We have successfully processed these U.S. immigration matters for over 25 years. To schedule a consultation, you may email us at info@becapitallaw.com or call / text (703)966-0907. B&E Capital – Vassell Law Group,PC | http://www.vasselllaw.com | http://www.becapitallaw.com | Members of the American Immigration Lawyers (AILA).