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Federal Court Invalidates Biden’s Parole-in-Place Program for Undocumented Spouses and Stepchildren of U.S. Citizens

Posted by Paul Saluja | Nov 19, 2024

On June 18, 2024, President Biden unveiled the Parole-in-Place (PIP) program as part of the Keeping Families Together initiative, a policy designed to provide relief to certain undocumented spouses and stepchildren of U.S. citizens. The program offered eligible individuals the opportunity to apply for lawful permanent residence without leaving the United States. Beneficiaries were to receive a three-year reprieve from removal, along with eligibility for work authorization.

However, the program's lifespan was cut short by a federal court ruling in Texas. On November 7, 2024, the court issued a permanent injunction, declaring the PIP program unlawful. In response, U.S. Citizenship and Immigration Services (USCIS) announced an immediate cessation of all activities related to the program.

What This Means for Applicants

Effective immediately:

  1. No New Applications Accepted
    USCIS will no longer accept applications under Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. This form had been available exclusively through the MyUSCIS portal.

  2. Pending Applications on Hold
    Any PIP applications that were submitted prior to the injunction will not be processed or adjudicated.

  3. Biometrics Appointments Cancelled
    USCIS has stated that biometrics appointments for PIP applicants are officially cancelled. Applicants who attend scheduled appointments will not be served.

DACA Recipients and the “High-Skilled Visa” Pathway

The court's ruling did not impact another significant immigration policy announced alongside the PIP program. That measure allows certain undocumented individuals, including recipients of Deferred Action for Childhood Arrivals (DACA), to transition to nonimmigrant visa status. To qualify, applicants must:

  • Hold a degree from an accredited U.S. college or university.
  • Secure an offer of “high-skilled” employment in a field related to their degree.

This pathway remains operational, providing opportunities for Dreamers and other qualified individuals to obtain work authorization and stability through existing nonimmigrant visa categories, such as H-1B.

Legal and Political Outlook

With the PIP program now effectively void, its future is uncertain. While the Biden administration could appeal the ruling, any appeal would need to be filed—and gain traction—before January 20, 2025, when the current administration's term ends. Given the short timeline and political realities, several factors suggest the program is unlikely to be revived:

  1. Appeal Unlikely
    As of now, the administration has not signaled an intention to appeal the ruling.

  2. Policy Reversal Expected
    A new presidential administration, set to take office in January, is almost certain to abandon the program entirely.

  3. No Plans for Reintroduction
    There is little indication that a similar program will be proposed under the incoming administration.

The federal court's injunction represents a significant setback for undocumented spouses and stepchildren of U.S. citizens who sought relief under the PIP program. Applicants who began the process now face uncertainty, while future opportunities for similar pathways seem unlikely under the incoming administration.

Meanwhile, the companion measure benefiting DACA recipients and Dreamers remains intact. For those pursuing nonimmigrant status through high-skilled employment, this pathway continues to offer hope and legal stability.

At Saluja Law, we will continue to monitor developments and provide updates on immigration policies that affect families, Dreamers, and other immigrant communities. For questions about alternative pathways to lawful status, please reach out to our office.

About the Author

Paul Saluja

Paul Saluja is a distinguished legal professional with over two decades of experience serving clients across a spectrum of legal domains. Graduating from West Virginia State University in 1988 with a bachelor's degree in chemistry, he continued his academic journey at Ohio Northern University, gr...

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