The Essential Guide to Parole in Place for U.S. Citizen Spouses

Understanding immigration to the United States is not easy, but there is some hope in the program called Parole in Place (PIP). If you are a citizen of the United States and your spouse is an unlawful immigrant who arrived in the United States without inspection, then PIP might be an important avenue to pursue. In this guide, learn about PIP in straightforward terms, the purpose of Form I-131F, and what income is acceptable for a marriage green card under this program.

What is the New Parole in Place program for spouses of US citizens?

The Parole in Place (PIP) program is one of a kind whose main aim is to prevent deportation of undocumented close relatives of US citizens. In their case, this program enables your spouse who is an undocumented worker to continue living in the United States legally even without you having to travel to your home country. It is meant solely to assist spouses and stepchildren of US citizens in order to make certain that neither a US citizen or their close relative have to spend time away from their family.

Unlike in the PIP case where the immigrant spouse has to be in the United States and risk facing charges of unlawfully entering the country if he or she is not a legal resident. It is a great strength for families who feel that separation and long time delays as a result of the normal immigration procedure are inevitable.

Favorably, PIP is issued for limited terms, and therefore filing for Adjustment of Status soon after obtaining an approved parole is important. The approved parole by itself does not give a lawful permanent residence also known as a Green card, but it creates a significant opportunity to adjust the status to permanent residency without departing the U.S.

What is Form I-131F?

I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, is an immigration form that allows undocumented spouses and stepchildren of US citizens to obtain parole. This form enables the undocumented spouses to apply for the permission to meet the entry inspection requirement for a certain period of time. While it does not lead to a green card, it is a path toward changing one’s status and eventually filing a green card application.

To apply for Parole in Place, follow these steps:

Complete Form I-131F: This form is easy and requires only basic information about the undocumented spouse or stepchildren of US citizens. It also gathers the background information.
Submit Supporting Documents: you will need to upload proof of identity, proof of physical residence in the US, proof of sponsor’s US citizenship, and marriage certificate.
Filing Fee: Form I-131F filing fee is $580 and it must be paid online on the USCIS website.

Marriage green card income requirements for Parole in Place

Thereafter, spouses who secure Parole in Place continue and apply for a green card based on the marriage. Nevertheless, like all the applicants of green cards, there are some income restrictions to look at. A US citizen sponsoring their spouse or stepchild must provide proof of their income. The minimum income required must be above the 125% of the Federal Poverty Guidelines for the sponsor’s household size.

For instance, for a couple in 2024, the US citizen should have a minimum income of $25,550 per year. This means that where there are additional dependent members of the household, the minimum income must be higher. If the sponsoring spouse fails to meet the above specified income requirement, he or she can enlist the assistance of a joint sponsor, who will meet the financial requirements. This is a sponsor who is a US citizen or permanent resident and he/she has to complete Form I-864, Affidavit of Support, in order to have the legal responsibility of supporting the immigrant.

PIP is an important option to consider for undocumented spouses of US citizens if they want to legally stay in the US. It is very important for an applicant to be informed on the income provision for the marriage-based green card, as well as the next procedures that they need to undertake in order to be granted a green card through marriage.