On June 18, 2024, the current Administration announced an expansion to PIP Programs that will allow certain noncitizen spouses and noncitizen stepchildren of U.S. citizens to apply for PIP. If granted PIP, these noncitizens will be protected from deportation for 3 years and can apply for a work authorization. After the 3-year period, these noncitizens may apply for adjustment of status to that of a green card holder without being required to leave the United States and be processed by a U.S. consulate abroad. This can eventually lead to citizenship.

On August 19, 2024, U.S. Citizenship and Immigration Services, (“USCIS”), began accepting applications for PIP.

For noncitizen spouses, PIP applications will be considered on a case-by-case basis, and be approved if the following general requirements are met:

1. Be present in the United States without admission or Parole;

2. Have 10 years of continuous physical presence in the United States as of June 17, 2024;

3. Have a legally valid marriage to a U.S. citizen as of June 17, 2024;

4. Have no disqualifying criminal history;

5. Not pose a threat to public safety, national security, or border security; and

6. Merit a discretionary grant of parole in place for significant public benefit or urgent humanitarian reasons .

For noncitizen stepchildren (unmarried and under 21 years of age as of June 17, 2024), PIP applications will be considered on a case-by-case basis, and be approved if the following general requirements are met:

1. Be present in the United States without admission or Parole;

2. Have 10 years of continuous physical presence in the United States as of June 17, 2024;

3. Have a parent who entered a legally valid marriage to a U.S. citizen as of June 17, 2024, and before the stepchild’s 18th birthday;

4. Have no disqualifying criminal history;

5. Not pose a threat to public safety, national security, or border security; and

6. Merit a discretionary grant of parole in place for significant public benefit or urgent humanitarian reasons .

At a USCIS National Stakeholder Engagement held on August 19, 2024, and which Attorney Plata attended, USCIS revealed the exact process that will allow noncitizens to apply for PIP. Namely, this is an online only program, meaning that USCIS will not accept paper filings, and applications will only be accepted through an USCIS online account by filing Form I-131F with supporting evidence and a filing fee of $580.00. No fee waivers are available for this PIP application.

PIP is highly discretionary, meaning that even if you meet the above general requirements, USCIS could still deny your application. Additionally, it is important that you stay informed with any development regarding PIP as it could be impacted by court decisions or changes in Administration.

The attorneys at May Oberfell Lorber are well-versed in helping clients navigate through the PIP process.

This article is for information purposes only and is not intended to constitute legal advice.

Posted in Immigration

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