President Biden announced new Parole in Place executive action on June 18, 2024. All Parole in Place denials and approval decisions will be made on a case-by-case basis. Each decision will depend on the specific details of the case.
Understanding why you might get a Parole in Place denial can help you get ready and improve your chances of success. We’ll discuss why your PIP applications might be denied and provide practical tips to help you avoid making those mistakes.
5 Most Common Reasons for Parole in Place Denials
Parole in Place (PIP) is a special immigration benefit now available to undocumented family members. It will allow them to stay in the U.S. for a temporary period.
This policy aims to keep families together and may help in getting a green card. There are several factors that can lead to a Parole in Place denial. Understanding the reasons can be crucial in your PIP application process.
Top Reason #1 for Parole in Place Denial: Removal Orders
One of the primary reasons for a Parole in Place denial is a previous deportation. If you have been deported from the U.S. before, it significantly impacts your chances of receiving PIP. A past deportation may be viewed by USCIS as a violation of immigration laws. This could make it harder for you to get this benefit.
Prior Deportation Orders
DHS also considered whether people with final removal orders that haven’t been carried out can get parole. Usually, they cannot. However, some might ask to reopen their case. DHS will look at each case one by one. They will decide if a person with a removal order can get parole. This decision will follow specific rules as stated in the Federal Register.
Deportation Proceedings
DHS is thought about giving Parole in Place to noncitizens who are in removal proceedings. Some of these people might be able to change their status with parole. USCIS will review requests from people who do not have a final removal order and will work with ICE when needed.
This includes individuals who have been released on bond and those who agreed to return. People who are a safety risk usually won’t get parole. However, stepchildren of U.S. citizens put into proceedings after November 1, 2020, might get an exception. USCIS will look at things like family unity and age.
Top Reason #2 for Parole in Place Denial: Criminal Record
A criminal record can also be a significant barrier. Even minor offenses can lead to a Parole in Place denial. The USCIS reviews your criminal history to determine whether you pose a threat to public safety. If you have a criminal record, especially for serious crimes, your PIP application is likely to be denied.
Top Reason #3 for Parole in Place Denial: Fraud or Misrepresentation
Giving false information in immigration applications can result in a denial of your PIP. The USCIS takes fraud and misrepresentation very seriously. If they find any mistakes or lies in your application, it could be denied. This may also lead to legal problems.
Top Reason #4 for Parole in Place Denial: Bars
A bar is a serious immigration penalty that can make you ineligible for several forms of relief, including PIP. If you have been in the U.S. illegally for more than a year, you could face a ban. This also applies if you were ordered to leave and returned without permission.
You may not be allowed to enter the country again. This means you are permanently banned from re-entering the U.S., making a Parole in Place denial a certainty. If noncitizens leave the U.S. after staying illegally, they could face a ban of 3 to 10 years.
They might get an exception if they can prove that their absence would harm their family. The Form I-601A allows some noncitizens to apply for a waiver which requires proving extreme hardship. This waiver helps them avoid penalties for staying in the U.S. illegally.
They can apply for it before they leave the country. However, this process has been very slow lately. Noncitizens cannot be with their U.S. family while waiting for a visa. There is no guarantee that they will get the visa.
Top Reason #5 for Parole in Place Denial: Insufficient Evidence
Your PIP application must include sufficient evidence to prove your eligibility. You need to show proof of your relationship with a U.S. citizen family member. You also need to provide evidence of their service. Lastly, you must demonstrate your good character. If your application is likely to be denied if it lacks proper documentation.
How to Improve Your Chances of PIP Approval
We’ve included a few practical tips on what you can do to improve your chances of getting PIP approval.
1. Gather Comprehensive Documentation
Ensure that you gather and submit all necessary documents. You need to show proof of your relationship with the U.S. family member. This can include marriage or birth certificates. You also need to provide proof of your relationship.
Follow the USCIS I-31F Filing Guide. You can add documents that show your good character, like recommendation letters or records of community service.
2. Address Previous Deportations
If you have been previously deported, it is crucial to address this in your application. Seek legal advice to understand your options. You may need to file additional waivers or appeals to overcome this barrier.
3. Be Honest and Transparent
Always provide truthful and accurate information in your application. If you have a criminal record or past immigration issues, be honest about them. This can help reduce the chance of being denied Parole in Place. Hiding this information can lead to serious problems. Hiding this information can result in serious problems.
4. Seek Legal Assistance
Navigating the PIP application process can be complicated. Think about hiring an experienced Parole in Place immigration lawyer. This way, you’re ensured of creating a strong application and get expert legal advice and personal guidance.
5. Stay Informed About Policy Changes
Immigration policies can change, and staying informed about these changes can help you better navigate the process. For example, the Biden administration has made some adjustments to immigration policies, which may impact your PIP application.
Consult the Federal Register for detailed information regarding Biden’s Parole in Place applications and approvals.
6. Don’t Give Up on the Best Choice
Parole in Place is much better than consular processing or the I-601 waiver. To apply for the I-601 waiver, you must leave the United States, and your application will be handled by an embassy. You don't need to show proof of extreme hardship for PIP applications. You can also stay with your family while your application is being processed.
A Better Future for Your Family Is Possible!
The aim of Biden’s Parole in Place program is to keep families united. Getting your PIP application denied can be disappointing. Knowing Parole in Place challenges and the common reasons for denial can help you prepare better and increase your chances of success.
By gathering comprehensive documentation, addressing previous issues, being honest, and seeking legal assistance, you can navigate the PIP application process more effectively. You can make important progress toward this goal with proper preparation and PIP application process support.
Feel free to contact us for personalized advice and support If you have questions or need help. Stay hopeful and informed—your journey toward a better future for your family is possible!
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