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IMMIGRATION                                                      SEPTEMBER 06, 2024        |  The Indian Eye 42



                  Parole in Place – A Means to




                    an End or An End in Itself?





        BY CYRUS D. MEHTA AND      deemed to be a threat to pub-  ply for adjustment of status.  for those requestors who are  who has committed fraud,
                                   lic safety, national security, or   PIP under DHS’s Im-  otherwise eligible to adjust  such  as  filing  a  fraudulent
        KAITLYN BOX*
                                   border security; and submit  plementation of the Keeping   status. As noted elsewhere in  asylum applicant in the past,
                                   biometrics and undergo re-  Families Together program   this  notice, serious criminal  can still apply for PIP and
               n June 18, 2024,    quired background checks  in the Federal Register pos-  convictions, including certain  file an I-601 waiver with the
               President Biden an-
        Onounced new mea-          and national security and  es a philosophical question,   convictions that would render  I-485, even if the high stan-
                                                                                          the requestor inadmissible  dard for demonstrating ex-
                                                              however  –  is  the  measure  a
                                   public safety vetting. Individ-
        sures aimed at ensuring that   uals whose PIP applications  means to an end or an end   and therefore ineligible for  treme hardship to a qualify-
        “U.S.  citizens  with  nonciti-  are approved will be able to  in itself?  The intent of the   adjustment of status, will be  ing relevant may not be met
        zen spouses and children can   remain in the U.S. and ap-  program is for a noncitizen   disqualifying for this process;  at the time of requesting PIP
        keep their families together”.   ply for work authorization.  granted PIP to ultimately be   other criminal convictions,  but may be satisfied at a later
        One of these measures pro-  Moreover, the intent of the  able to be able to adjust sta-  as well as prior, unexecuted  point. For example, having
        vides a discretionary grant   program is to provide a path  tus under INA 245(a). When   removal orders,  will trigger  additional US citizen chil-
        of parole in place (“PIP”) to   to permanent residence. A  PIP is granted, though, DHS   a rebuttable presumption of  dren in the near future would
        individuals who: are present   grant of parole in place “sat-  does not require request-  ineligibility for this process.  render  it  more  difficult  for
        in the United States without   isfies the requirement under  ors to establish that they are   However, detailed consider-  the US citizen spouse to take
        admission or parole; have   INA section 245(a) that the  not inadmissible or ineligi-  ation of grounds of inadmis-  care of children if the noncit-
        been continuously physically   requestor has been inspected  ble for adjustment of status.   sibility—including  whether  izen spouse is hypothetically
        present in the United States   and paroled by an immigra-  Although the grant of PIP is   applicable grounds can be  removed from the  US. Re-
        since at least June 17, 2014;   tion officer”. Qualifying fam-  only for 3 years, unless ex-  waived—is a complex analysis  questors in these scenarios
        have a legally valid marriage   ily members of noncitizens  tended, requestors can re-  undertaken during the Form  would still derive the benefits
        to a U.S. citizen on or be-  granted  PIP  can  file  I-130  main in the U.S. and apply   I-485 adjustment of status ad-  of PIP in good faith and be
        fore June 17, 2024; have no   petitions on their behalf, and  for employment authoriza-  judication. Requiring parole  able to apply for EADs.
        disqualifying  criminal  his-  the noncitizens can then ap-  tion upon being granted in   in place adjudicators to con-  An individual requesting
        tory  and  otherwise  are  not
                                                                 PIP. This in itself is a ben-  duct the inadmissibility analy-  PIP could also be prima facie
                                                                  efit,  albeit  temporary,   sis that is normally conducted  ineligible for adjustment of
                                                                  and may allow request-  at the adjustment of status  status if they are subject to
                                                                  ors who face grounds of   stage would be an inefficient,  an unexecuted removal order
                                                                  inadmissibility or ineligi-  duplicative, and costly use of  for example. The requestor
                                                                  bility for adjustment of   USCIS resources. Therefore,  would need to reopen the
                                                                  status additional time to   when assessing eligibility for  removal order, most like-
                                                                  overcome these barriers   parole in place, while DHS  ly though a joint motion
                                                                  before they file an I-485   will consider the requestor’s  with the government, which
                                                                  adjustment of status ap-  criminal and immigration  may or may not occur. Even
                                                                  plication.              history and any other adverse  though a certain fact pattern
                                                                      There are clearly   factors that could bear upon  presented by the requestor
                                                                  explicit criminal grounds   admissibility, it will not im-  could make it difficult to con-
                                                                  that  would disqualify a   port the admissibility analysis  vince an ICE OPLA attorney
                                                                  PIP application. On the   conducted at the Form I-485  to agree to join in a motion
                                                                  other hand, if a request-  stage into the parole adjudi-  to reopen, the requestor can
                                                                  or may be potentially in-  cation.                 still apply for PIP. The Feder-
                                                                  admissible  that  in  itself   Therefore,  requestors  al Register notice states the
                                                                  would not preclude them   who are  likely  inadmissible  following with regards to pri-
                                                                  from requesting PIP.    but feel that they will be able  or removal orders:
                                                                  The Federal Register no-  to overcome these grounds   DHS considered wheth-
                                                                  tice implementing PIP   can still apply for PIP. A re-  er noncitizens with unexe-
                     m of                                         states the following regard-  questor, for example, who  cuted  final  removal  orders
          CYRUS D. MEHTA & PARTNERS PLLC                          ing inadmissibility:    believes that they will not at  should be eligible for this
                                                                             additionally
                                                                      DHS
                                                                                          present be able to overcome  process. DHS determined
                                                                                             considered  requiring  the public charge grounds of  that noncitizens with unex-
          
                          
  	                            
             the requestor to demon-  inadmissibility because the  ecuted  final  removal  orders
                                                                  strate that they are not   petitioner lacks sufficient in-  will be presumptively inel-
             	                                 
                      
                                                   
             ­       inadmissible under any   come, for example, can still  igible for parole under this
                                                                  ground set forth in INA   apply for PIP as they may  process. DHS recognizes
               €   
              ‚                                              
                                                                  section 212(a), 8 U.S.C.   hope that the petitioner’s fu-  that  a  noncitizen  may  have
                                                                  1182(a), to be grant-   ture tax returns will reflect an  grounds to request that an
                                                                  ed parole under this    income that exceeds 125% of  immigration judge or the
          2              6th Floor                                process. This parole in   the relevant poverty guide-  BIA reopen their immigra-
                                                                  place process is  meant   line. Similarly, a requestor  tion proceedings when they
           
     
        	
     
         
              

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