Parole in Place: A Lifeline for DACA Recipients

Deferred Action for Childhood Arrivals (DACA) has been a beacon of hope for many young immigrants in the United States. However, even with DACA status, these individuals face numerous challenges, including limited pathways to permanent residency. One potential solution for DACA recipients is Parole in Place (PIP), a discretionary immigration benefit that can provide a stepping stone towards a more stable future.

What is Parole in Place?

Parole in Place is a form of immigration parole that allows certain individuals who entered the United States without inspection to apply for adjustment of status (a green card) without leaving the country. Typically, PIP is granted to immediate family members of U.S. military personnel, but it can also be extended to DACA recipients under specific circumstances.

Eligibility for DACA Recipients

For a DACA recipient to be eligible for Parole in Place, they must have an immediate relative who is a U.S. citizen or lawful permanent resident. This relative can be a spouse, parent, or child (under 21 years old). Additionally, the DACA recipient must meet other standard eligibility criteria, such as maintaining a clean criminal record and demonstrating good moral character.

Benefits of Parole in Place

The primary benefit of Parole in Place for DACA recipients is the ability to apply for adjustment of status without leaving the United States. This is significant because leaving the country can trigger a 3- or 10-year bar on re-entry, depending on the duration of their unlawful presence. By obtaining PIP, DACA recipients can avoid this risk and pursue a more stable immigration status.

Application Process

To apply for Parole in Place, DACA recipients must file Form I-131, Application for Travel Document, with U.S. Citizenship and Immigration Services (USCIS). The application must include supporting documents that prove the familial relationship, the relative’s U.S. citizenship or lawful permanent resident status, and the DACA recipient’s eligibility. It is essential to consult with an experienced immigration attorney to ensure the application is complete and accurately represents the individual’s case.

PIP Required Documents

To apply for Parole in Place (PIP), DACA recipients must submit the following required documents along with Form I-131, Application for Travel Document:

1. Evidence of the DACA recipient’s identity and nationality, which can include a copy of a valid passport or a copy of a birth certificate and a government-issued photo ID.
2. Proof of the DACA recipient’s relationship to the U.S. citizen or lawful permanent resident family member, such as a marriage certificate for spouses, birth certificates for children or parents, or adoption papers for adopted children.
3. Evidence of the U.S. citizen or lawful permanent resident family member’s status, which may include a copy of a U.S. passport, naturalization certificate, or birth certificate for U.S. citizens, or a copy of a valid permanent resident card (Green Card) for lawful permanent residents.
4. Proof of the DACA recipient’s current DACA status, including a copy of the DACA approval notice (Form I-797) and a copy of the Employment Authorization Document (EAD).
5. Two passport-style photographs of the DACA recipient, taken within the last 30 days.
6. Evidence of any prior immigration history, such as copies of previous applications or decisions.
7. A personal statement explaining the reason for the request and any hardship that would result if PIP is not granted.
8. Filing fee for Form I-131 ($575).

It is essential to consult with an experienced immigration attorney to ensure that all required documents are included and that the application is properly completed. Additional documents may be necessary depending on the individual case and the specific circumstances of the DACA recipient and their family member.

Challenges and Considerations

While Parole in Place can be a valuable tool for DACA recipients, it is essential to note that it is a discretionary benefit. USCIS officers review each case individually and may deny applications based on various factors. Additionally, the current political climate surrounding immigration policies can impact the availability and processing of PIP applications.

Final Thoughts

As the future of DACA remains uncertain, Parole in Place offers a potential pathway for some recipients to secure a more permanent status in the United States. However, it is crucial for Congress to work towards comprehensive immigration reform that addresses the unique challenges faced by DACA recipients and provides them with a clear path to citizenship.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

See author's posts