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Who Qualifies for Parole in Place Program in the U.S. and What Are the Risks?

Tuesday, August 20, 2024 by Matthew Diaz

With the recent implementation of the Parole in Place program, a new immigration initiative that offers an opportunity for some spouses of U.S. citizens to legalize their status without having to leave the country, questions have arisen about eligibility and potential risks if Donald Trump wins the presidency in November.

This new program aims to eliminate the threat of deportation and provide a pathway to citizenship for thousands of individuals, which is a significant opportunity. To qualify, applicants must have been continuously present in the United States for at least 10 years, pose no security threat, have no disqualifying criminal records, and be married to a U.S. citizen as of June 17 of this year.

Applicants are required to pay a fee of $580 and complete a form (I-131F) that includes an explanation of why they deserve the parole, along with an extensive list of documents proving their continuous presence in the country. If approved by the Department of Homeland Security (DHS), applicants will have three years to obtain permanent residency and can receive work authorization during this period.

Possible Risks and Concerns

The White House estimates that approximately 500,000 individuals, along with about 50,000 of their children, could be eligible for this program. Historically, obtaining residency for those who were in the country illegally after marrying a U.S. citizen was a complex and risky process, often requiring a return to their home country without assurance of reentry to the United States.

Despite the excitement, there are also uncertainties about who will benefit and whether the program will endure the upcoming presidential elections. Since the announcement, there has been significant national interest from couples checking their eligibility, and pro-immigrant groups have been assisting individuals in understanding the program. However, skepticism remains high.

Activists and lawyers are advising applicants to consider the risks, taking into account potential Republican legal challenges and the program's continuity if Trump, who has vowed to deport millions of immigrants, returns to the White House. Karla Aguayo, director of legal services at the Coalition for Humane Immigrant Rights in Los Angeles, noted that many seeking help do not qualify because they had returned to their home countries at some point, disqualifying them from the program.

Charles Kuck, an immigration attorney based in Atlanta, warns about the risks of applying to this program, especially for those immigrants not currently on the government's radar. "Is there a risk associated with this? 100 percent," said Kuck, who believes such a program should have been implemented years ago, not months before a presidential election.

In summary, while Biden's new program offers a unique opportunity for many spouses of U.S. citizens to regularize their status without leaving the country, its future remains clouded by political and legal uncertainties.

Understanding Parole in Place Eligibility and Risks

Given the complexities and potential risks associated with the Parole in Place program, it's essential to address common questions. Here are some frequently asked questions to help clarify the program's details.

Who qualifies for the Parole in Place program?

To qualify, applicants must have been continuously present in the U.S. for at least 10 years, pose no security threat, have no disqualifying criminal records, and be married to a U.S. citizen as of June 17 of this year.

What are the potential risks of applying for Parole in Place?

The risks include potential legal challenges from Republicans and the uncertainty of the program's continuation if Donald Trump returns to the presidency, as well as the risk for immigrants not currently on the government's radar.

How much does it cost to apply for Parole in Place?

Applicants must pay a fee of $580 and complete the I-131F form, along with providing extensive documentation proving their continuous presence in the country.

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