Skip to main content

WHAT IS PAROLE IN PLACE AND WHY IS IT A BIG DEAL?

President Obama recently leaked plans to exercise his executive action in revising immigration policy and procedure.  One of his “ten points” involves extending the application of “parole in place” (PIP) to assist people in lawfully immigrating to the United States.

To understand PIP you need to understand that immigration law treats people who entered the U.S. legally differently than people who entered the country illegally.  Specifically, if a person enters the U.S. states with a tourist visa, remains in the U.S. after the visa expires and later marries a U.S. citizen, that person would be allowed to apply for their green card while remaining in the U.S. and without having to risk indefinite separation from their families or pay fines.

On the other hand, a person who entered the U.S. illegally and later marries a U.S. citizen is not able to apply for a green card in the U.S., but instead must leave the U.S. and wait outside the country anywhere from seven days to ten years to return to the country depending on how immigration decides to process the case.

Setting aside the fact that it is silly to treat someone who is unlawfully in the U.S. because their visa expired differently from someone who is unlawfully in the U.S. because they entered the country without documentation to begin with, Obama’s potential extension of PIP to people who entered the U.S. unlawfully and are either married to U.S. citizens or have U.S. citizen children older than 21 is HUGE. 

Now, what is PIP?  PIP is where immigration, in its congressionally authorized discretion, grants permission to treat a case as if an intending immigrant originally entered the U.S. with inspection, or with a visa.  In essence, immigration waves its magic wand and says: “It is now as if you entered with a visa and you can now apply for your green card in the U.S. without risking prolonged separation from your family.”  PIP is not however, something new.  Immigration has used its discretion to grant PIP to family members of people serving in the U.S. military for many years.  This is important to note because it underlines the fact that President Obama is not making new law, he is simply authorizing immigration to use the discretion congress gave it to a broader range of people.


Currently it is estimated that there are about 3,000,000 people who are in the U.S. unlawfully, having entered the U.S. without documentation, are married to a U.S. citizen or have a U.S. citizen child older than 21, who simply are not immigrating under the current system because they would likely be separated from their families for an indefinite period of time while the complicated, expensive, and lengthy immigration process is pending.  Extending PIP to this category of people would make it possible for 3,000,000 people to come out of the shadows and immigrate to the U.S. lawfully without fear of prolonged separation from family, thus it would be HUGE for these people, and a huge step in bringing sense to an immigration system that currently lacks common sense.  

Comments

Popular posts from this blog

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America. The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds. Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver.  We recommend the following actions for each of the following groups: Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans...

Seven Reasons Why the Georgia Legislature Should Repeal HB-87

Recently the Alabama Attorney General called on the Alabama State Legislature to repeal parts of Alabama's horrid anti-immigration law ( HB 56), because of the "unintended" consequences of the bill (frankly, what happened was not unintended). Because of the similarity between the two laws, Georgia's Speaker of the House, David Ralston was asked whether Georgia Legislature would repeal part or all of HB 87, Georgia own anti-immigration law. HB 87 has caused almost a half a billion dollars in damage to the Georgia economy (along with untold suffering in Georgia's immigrant communities) without any noted or reported positive effect. Speaker Ralston plainly stated that the Georgia Legislature would NOT do anything to repeal HB 87 . While it understandable why a politician would not admit that a pet bill he shepherded and pushed through the state legislature was simply bad law, it is also clear that Speaker Ralston is facing a challenge on his RIGHT in th...

Why is USCIS Taking So Long to Renew DACA Work Permits?

If the calls to our office are any indicator, there are thousands of DACA recipients whose work permit applications were filed at least three months prior to expiration, who are still waiting for their renewed work permits.  Without renewed permits, these individuals lose the right to work legally, the right to drive, and may once again accrue unlawful presence. The DHS published a notice in October 2014 advising DACA recipients that they could file their request for extension up to 150 days (5 months) prior to expiration.  As with all things government, very few of the DACA recipients, who tend not to frequent government websites, knew about the memo and many did not file so far before expiration perhaps thinking that extending a work permit was a like extending a drivers license, its is done in a few minutes.  As an experienced immigration lawyer will tell you, the USCIS does nothing quickly, and certainly does not worry that a person may lose their job or their drive...