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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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