Biden Parole in Place Explained
The Biden Parole in Place program, also known as “Keeping Families Together,” has been vacated by a federal court and is no longer active.
Although it was announced in 2024 with the goal of helping certain undocumented family members of U.S. citizens, it was implemented briefly in August 2024 but later halted after a court order stopped further processing.
The Biden Parole in Place (PIP) initiative was designed to expand the long-standing military parole in place policy. The original goal was to allow certain undocumented spouses and stepchildren of U.S. citizens to remain in the United States temporarily and apply for lawful status without having to leave the country. However, it was challenged in court and ultimately vacated, preventing USCIS from continuing to process applications.
While the original plan was projected to help over half a million undocumented family members of U.S. citizens, the expansion was never fully implemented. Because it was discontinued, no new applications are currently being accepted or processed.
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What is Parole in Place?
The spouses of U.S. citizens normally qualify for family-based immigrant visas as an immediate relative (IR) of a citizen.
Eligible stepchildren of U.S. citizens are also considered immediate relatives for immigration purposes.
The IR visa category is uncapped, so immigration officials can approve an unlimited number of IR immigrant visas each year.
The reality is that some spouses of U.S. citizens originally enter the U.S. “without inspection” while seeking a safer life for themselves or their children.
Crossing the border without using a port of entry counts as unlawful entry and makes it extremely difficult to apply for a green card in the future.
Immigration law is exceptionally complicated, and many are unaware of the technicalities of the process.
Parole in place is a type of humanitarian parole giving certain undocumented immigrants the temporary right to remain in the United States after unlawful entry. Its purpose it to help keep families of U.S. citizens stay together while applying for immigration benefits.
Previously, the parole in place program benefited family members of U.S. citizens who had served in the U.S. military.
The Biden administration sought to extend this same concept to families of U.S. citizens who were not in the military, recognizing that many long-term residents were unable to apply for green cards because of prior unlawful entries.
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Purpose of Biden Parole in Place Expansion
Without the option to parole in place, most undocumented family members in the United States needed to apply for their green cards through consular processing abroad.
In most cases, their previous unlawful presence in the United States would trigger a bar to re-entry of up to ten years.
In practice, the risk presented by immigration bars further encouraged remaining undocumented.
While spouses of U.S. citizens are eligible to apply for a waiver that would allow them to seek an immigrant visa despite unlawful entry and unlawful presence, historically, they were still required to leave the country to apply through consular processing.
For many spouses of U.S. citizens, the only possible path towards legal residency required them to leave their families and jobs behind for an uncertain amount of time with an uncertain outcome – a risk many felt was just too great.
The Biden Parole in Place program aimed to resolve this issue by allowing qualifying individuals to stay in the United States while adjusting their status.
This would have effectively treated them as though they had been “inspected and paroled,” removing the need to depart the country for consular processing.
Benefits of the Biden Parole in Place Expansion
If implemented, the Biden parole in place expansion could have provided protection and work authorization for an estimated 550,000 undocumented family members of U.S. citizens. The idea was to remove unnecessary barriers and allow families to stay together while pursuing permanent residency.
With this program, undocumented family members of U.S. citizens would have gained the following benefits:
- Eligibility to apply for a green card without risking years of separation from their families
- Protection from deportation
- Eligibility for an Employment Authorization Document (work permit)
Although some applications were accepted and initial steps, such as biometrics scheduling, began under the expansion, none of the proposed benefits were ultimately approved or granted. The program was blocked by a federal court and later struck down, halting all processing and cancelling pending applications. Individuals who might have qualified must instead explore existing legal channels such as family-based petitions, waivers, or other parole programs that remain active.
Who Qualified for Biden Parole in Place?
Parole in place woudln’t help all undocumented family members, but it would help hundreds of thousands. To be eligible for parole in place as part of the program expansion, you would still need to be otherwise admissible. Immigration officials would look at your criminal history and make sure you aren’t a danger to national security as they do with all visa applications.
The Biden parole in place program would have been an option for you if you meet all the following minimum requirements:
- You entered the U.S. without permission.
- You were married to a U.S. citizen as of June 17, 2024.
- You have lived in the United States for 10 years or more as of June 17, 2024.
The parole in place expansion also opened the door to many of the undocumented stepchildren of U.S. citizens, as it did with the military parole in place program.
Since the program was terminated, there is currently no application process for these benefits. Anyone seeking lawful status must rely on existing immigration laws and procedures, such as family-based adjustment or other humanitarian relief programs that are still in effect.
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FAQs About the Biden Parole in Place Expansion
Will the Biden parole in place expansion ever be reversed?
While immigration policy is subject to change, at this time, the parole in place expansion is no longer active. If a similar initiative is reintroduced in the future, it may follow different eligibility rules. Individuals who were approved under the original military PIP program (which remains active for military families) are still recognized as “inspected and paroled” for immigration purposes, but new civilian applications are not being processed.
Why don’t undocumented family members just apply for a waiver to address the bar to reentry?
It’s true that the spouses of U.S. citizens can apply for a waiver to remove the bar preventing reentry after unlawful presence so that they can apply for a marriage-based green card. Still, without parole in place, they would have to apply at a consulate abroad.
Unfortunately, the waiver also isn’t guaranteed and can take years for approval. This is one reason the Biden PIP initiative was proposed—to minimize family separation during the immigration process. With the program now ended, applicants must continue relying on the existing processes, which can involve lengthy waits and difficult decisions about leaving the country.
How to Get Help with Your Immigration Status
While this specific program ended, other immigration options—such as family-based petitions, hardship waivers, or existing parole programs—may still be available.
Jorge Muñoz is the founder and managing attorney of Jorge Munoz Law Firm LLC. Muñoz is an immigrant himself who obtained his green card through an EB-2 visa with a National Interest Waiver.
As an experienced immigration attorney, Muñoz focuses on immigration law and helping families stay together. He will examine your specific circumstances and guide you through your application. For comprehensive advice, contact Jorge Munoz Law Firm today.