USC Spouse Parole in Jeopardy?

USC Spouse parole in jeopardy? Led by Texas, a group of states has filed in the Eastern Division of Texas, has filed a complaint, as well as request for preliminary injunction and restraining order, to stop the PIP (Parole in Place) program for spouses of US citizens, as well as their stepchildren. In the meantime, USCIS will continue to accept and adjudicate parole requests. This means, as of right now, applicants may continue to file applications under the PIP for spouses and stepchildren of US citizens program.

Assigned to the case is Judge J. Campbell Barker, who has a history of anti-immigrant stances, including challenged the legality of Deferred Action for Childhood Arrivals (“DACA”) and Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”).

The current spouse parole program is an extension of the military PIP (Parole in Place) program, first ordered by DHS Secretary Michael Chertoff in 2007. In 2010, USCIS notified Congress that it had created a Parole in Place policy, and in 2013, the agency issued a memorandum regarding the policy. ?There was another extension of the Military PIP program in 2016 for family members. The Trump administration later sought to end the Military PIP program.

Regarding the current USC spouse parole program, USCIS commenced accepting applications on August 19, 2024, this past Monday.? Many applicants will already have filed and approved, or pending, I-130 marriage petitions, as well as I-601A unlawful presence waivers.? However, it may be dangerous for them to return to their home countries for consular processing, or cause great hardship to their US citizen spouse and family to have to be absent abroad for a period of time, not working and helping with the family.

It is perplexing to see this anti-marriage, anti-family stance being taken by the great state of Texas and other Republican-led states. Do more single-parent families benefit the economy?? Do more single-parent families benefit children?? We need more stability for American families, not less. These applicants will be working and paying taxes and thereby benefiting not only their families, but their communities and states where they reside.

In the meantime, the best strategy may be to continue filing applications. if you do nothing, the time continues to pass and the years go by and nothing is accomplished. Of course, there is always risk involved, so best to discuss with a competent attorney first.

The case is Texas et al v. DHS et al, 6:24-cv-00306 (filed 8/23/2024 E.D. Texas).

Copyright 2024 ? Heidi J Meyers, all rights reserved. This article is for informational purposes only and is not intended as legal advice.